Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioners.
Summary
The petitioners Bablu Kumar and Vikas Kumar were charged under sections 70(1) and 103(1) of the Bharatiya Nyaya Sanhita for alleged participation in a gang rape that resulted in the victim’s death. Both filed applications for regular bail, claiming innocence and citing hostile witnesses among the victim’s family. The State opposed the bail, emphasizing the seriousness of the offence. The Court examined investigation material indicating the petitioners’ involvement and considered the gravity of the crime. Concluding that the offence was heinous, the Court refused to grant regular bail and ordered the trial judge to take action against hostile witnesses and report back. The matter was re‑listed for further hearing.
Issues considered
- Whether regular bail can be granted to accused persons in a gang‑rape case resulting in death under sections 70(1) and 103(1) of the Bharatiya Nyaya Sanhita
- Whether the presence of hostile witnesses affects the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 70(1)
Subjects
- bail
- gang rape
- homicide
- hostile witnesses
- Bharatiya Nyaya Sanhita
- criminal law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76229 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
Bablu Kumar S/o Late Lalbabu Singh R/o Village- Ramkosha, P.S.- Ayer,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79916 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
Vikas Kumar S/O Shivji Singh R/O Village- Katar, P.S- Hasanbazar, Distt.-
Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hariom Kumar S/O Jitendra Prasad R/O Village- Tetardih, P.S- Hasan Bazar,
Distt.- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76229 of 2025)
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Md. Matloob Rab
(In CRIMINAL MISCELLANEOUS No. 79916 of 2025)
For the Petitioner/s : Mr. Dharmendra Kumar Singh
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 These cases arise out of the same P.S. Case i.e., Hasan
Bazar P.S. Case No. 53 of 2025; therefore, they are being heard
together and disposed of by a common order.
2. Heard the learned counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.76229 of 2025(6) dt.19-03-2026
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3. The petitioners seek regular bail in connection with
Hasan Bazar P.S. Case No. 53 of 2025 registered for the offence
under Section 70(1) of the Bharatiya Nyaya Sanhita, 2023 and
later on Section 103(1) of the BNS was added.
4. As per the prosecution case, the petitioners along
with others are said to have committed gang rape with the
victim, who subsequently died.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have not committed any offence.
Petitioner, Bablu Kumar in custody since 05.06.2025 whereas
Petitioner, Vikas Kumar is in custody since 02.06.2025. It is
further submitted that the father, brother, and sister of the victim
girl have become hostile; therefore, the petitioners may be
granted bail.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
7. I have considered the submissions of the parties and
have gone through the records of the case. Materials have come
during the investigation showing the involvement of the
petitioners along with others in the crime.
8. Considering the heinous offence committed by the
petitioner, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.76229 of 2025(6) dt.19-03-2026
3/3
petitioners.
9. Accordingly, both these applications for regular bail
stand rejected.
10. The Trial Judge is directed to take appropriate
action against the hostile witnesses who during trial have not
supported their earlier statement and submit a report to this
Court on or before the next date of hearing.
11. Re-list this case after four weeks under
appropriate heading, awaiting the compliance report from the
Trial Judge.
12. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Bhojpur at Ara through
FAX or e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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