Patna High Court

Anand Kumar @ Shivam @ RiteshversusThe State of Bihar

Decided: 29 January 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was refused for the petitioner.

Summary

Anand Kumar (also known as Shivam and Ritesh) was arrested on 17 May 2024 in connection with a case registered under Sections 376 and 328 of the Indian Penal Code for alleged sexual offences. He applied for bail, which had earlier been rejected by a coordinate bench of the Patna High Court. The court examined the trial report showing that two of six charge‑sheet witnesses, including the victim, had been examined and the victim’s testimony supported the prosecution. The State opposed bail, noting that the petitioner has five other cases, four of which are already on bail. Considering the seriousness of the alleged offences, the victim’s corroboration, and the stage of the trial, the court refused the bail application and ordered the trial court to expedite the proceedings.

Issues considered

Whether bail should be granted to an accused charged under Sections 376 and 328 IPC in view of the seriousness of the offences and victim testimony
Whether the existence of other pending criminal cases influences the grant of bail

Legislation cited

Indian Penal Code — s. 328, 376

Subjects

bail
rape
IPC
Section 376
Section 328
criminal procedure
victim testimony
special court
POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79654 of 2025
                   Arising Out of PS. Case No.-144 Year-2024 Thana- KAJI MUHAMMADPUR District-
                                                      Muzaffarpur
                 ======================================================
                 Anand Kumar @ Shivam @ Ritesh S/o- Anil Kumar Singh R/v- Gannipur,
                 Ps- Kazimohammadpur Dist- Muzaffarpur          ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.    Shashi Ranjan S.I University Posted in Police Station,Muzaffarpur , Dist-
                 Muzaffarpur
           3.    Deepak Kumar S.I University, Muzaffarpur                 Posted    in   Police
                 Station,Muzaffarpur , Dist- Muzaffarpur
           4.     Deepak KUmar, Data Operator University, Muzaffarpur Posted in Police
                  Station,Muzaffarpur , Dist- Muzaffarpur.       .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mayank Raj, Advocate
                 For the Opposite Party/s :     Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   29-01-2026                      Heard Mr.Mayank Raj, learned counsel for the

                   petitioner and Mr.Nitya Nand Tiwary, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   17.05.2024 in connection with Kazimohammadpur P.S. Case

                   No. 144 of 2024, F.I.R. dated 16.05.2024 registered for the

                   offence punishable under Sections 376/328 of IPC.

                                3. Earlier the prayer for bail of the petitioner was

                   rejected by a Coordinate Bench of this Hon’ble Court vide order

                   dated 03.03.2025 passed in Cr. Misc. No.72993 of 2024.

                                4. Vide order dated 05.12.2025, a report was called for

                   with regard to the stage of the trial. Report of the learned Trial
             Patna High Court CR. MISC. No.79654 of 2025(5) dt.29-01-2026
                                                         2/2




                       Court dated 17.12.2025 reveals that out of six chargesheet

                       witnesses, two witnesses have been examined including the

                       victim and the victim has supported the case of the prosecution.

                                    5. Learned A.P.P. for the State, on the other hand, has

                       vehemently opposed the prayer for bail of the petitioner and

                       submits that the petitioner carries five more cases other than the

                       present one but fairly submits that out of five cases, the

                       petitioner is on bail in four cases and rest one case is pending

                       for consideration before the competent court of law, as

                       mentioned in para-3 of the bail petition.

                                    6. Considering the nature of allegation as alleged in

                       the FIR which is supported by the victim in her statement as

                       well as in the trial, I am not inclined to enlarge the petitioner on

                       bail in connection with Kazimohammadpur P.S. Case No. 144 of

                       2024 pending in the court of learned Exclusive Special Court,

                       POCSO-III, Muzaffarpur.

                                    7. Prayer is refused.

                                    8. However, the learned Trial Court is directed to

                       expedite the trial and conclude the same at the earliest.



                                              (Rajesh Kumar Verma, J)
Nitesh/-
U        T

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