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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Deepak Kumar, applied for regular bail in a case registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023, alleging rape. The prosecution presented prima facie material indicating his involvement, while the petitioner claimed innocence. The court considered the seriousness and gravity of the alleged offence and the existence of prima facie evidence. It concluded that bail could not be granted at this stage. The application was rejected, but the petitioner was permitted to file a fresh bail plea after the victim’s testimony is recorded. The court clarified that its observations were only preliminary and would not affect the trial’s merits.

Issues considered

  • Whether regular bail should be granted to an accused under Section 64 of the Bharatiya Nyaya Sanhita, 2023 in a rape case.
  • Whether the presence of prima facie material justifies denial of bail.

Legislation cited

Subjects

  • bail
  • rape
  • criminal law
  • Bharatiya Nyaya Sanhita
  • Section 64
  • regular bail
  • prima facie
  • victim deposition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77458 of 2025
                   Arising Out of PS. Case No.-617 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Deepak Kumar S/o Anirudh Singh Resident of Village - Rajkhand, Ward NO
                 5, PS- Aurai, District- Muzaffarpur

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Jyotsna Rani Mishra
                 For the Opposite Party/s :     Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   27-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sadar P.S. Case No. 617 of 2025 registered for the offence under

                   Sections 64 of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of committing rape with the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 13.07.2025.

                                5. Learned counsel for the State vehemently opposes

                   the bail application and submits that the allegations against the

                   petitioner are serious and grave in nature. It is contended that
            Patna High Court CR. MISC. No.77458 of 2025(5) dt.27-04-2026
                                                        2/2




                      there exists prima facie material against the petitioner indicating

                      his involvement in the commission of the offence.

                                    6. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      rejected with liberty to the petitioner to renew his prayer for bail

                      after the deposition of the victim is recorded by the Trial Judge.

                                    8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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