Patna High Court
Mukul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Mukul Kumar was arrested in May 2025 on charges of kidnapping the sister of an informant and alleged sexual assault, with the charge sheet invoking Sections 137(2), 96, 75, 78, 62 of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner pleaded that he has a clean antecedent and that the FIR was filed three days after the alleged incident, with contradictory statements from the victim and her refusal to undergo a medical examination. The court noted the lack of medical evidence, the victim’s inconsistent statements, and the petitioner’s clean record. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and alleged sexual assault case under the B.N.S. and POCSO Act given the circumstances of the FIR, victim’s statements, and the petitioner’s antecedents.
Legislation cited
- B.N.S. — s. 137(2), 3(5), 62, 75, 78, 96
- B.N.S.S., 2023 — s. 180, 183
- POCSO Act — s. 12, 8
Subjects
- bail
- kidnapping
- sexual assault
- POCSO Act
- criminal antecedent
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75481 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Mukul Kumar S/o Jay Prakash Singh R/o Village - Chandpura Saidabad, P.S -
Bidupur, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vishal Kumar S/o Shivchandra Rai R/o village - Harpur Gopal, P.S -
Bidupur, District - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Informant : Mr. Abhishek Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 25-03-2026 Heard Mr. Vasant Vikas, learned counsel for the
petitioner, Mr. Abhishek Kumar, learned counsel for the
Informant and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
25.05.2025, in connection with Bidupur P.S. Case No. 312 of
2025, F.I.R. dated 05.05.2025 registered for the offences
punishable under Sections 137(2), 3(5) of the B.N.S., and after
investigation charge sheet has been submitted against the
petitioner under Sections 137(2), 96, 75, 78, 62 of the B.N.S.
and Sections 8, 12 of the POCSO Act.
3. Allegation against the petitioner is that he along
Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
2/4
with other co-accused persons have kidnapped the sister of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
but the police after investigation submitted charge sheet under
Sections 137(2), 96, 75, 78, 62 of the B.N.S. and Sections 8, 12
of the POCSO Act and apart from aforesaid from perusal of the
F.I.R. it appears that the date of occurrence as alleged in the
F.I.R. is 02.05.2025 but the present F.I.R. was instituted on
05.05.2025 after delay of three days without giving any
explanation of delay. The victim was recovered from the
Muzaffarpur Railway Station and from perusal of the statements
which were recorded under Sections 180 of the B.N.S.S., 2023
as well as 183 of the B.N.S.S, 2023 which suggests that both the
statements are contradictory to each other and apart from that
the victim has refused for her medical examination and
statement of the victim which was recorded under Section 183
of the B.N.S.S,. 2023 in which she has not stated anything about
the sexual assault. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
3/4
submits that the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
25.05.2025.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
victim has refused for her medical examination and she has not
stated anything about the sexual assault, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District &
Additional Sessions Judge-VI-cum-Special Judge POCSO,
Vaishali at Hajipur in connection with Bidupur P.S. Case No.
312 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
4/4
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…