Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 64
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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