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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail in the pending criminal proceedings.

Summary

Vikash Kumar sought relief from imminent arrest in a criminal case (PS No.38 of 2025) filed under sections 69, 89 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that he had a consensual relationship with the informant based on a promise of marriage. The petitioner contended that the allegations were false and that the matter was a private dispute between consenting adults, not a criminal offence. The State opposed the bail, but the court, after hearing counsel, found the petitioner's arguments persuasive. The application for bail was allowed, directing that the petitioner be released on furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order also stipulated that the bail be effective if the petitioner surrenders within six weeks of the order.

Issues considered

  • Whether the petitioner is entitled to bail in the pending case under sections 69, 89 and 3(5) of the Bihar Narcotic Substances Act, 2023.
  • Whether the alleged conduct constitutes a cognizable offence warranting arrest.
  • Whether the case is a consensual relationship between adults and therefore not a criminal matter.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • consensual relationship
  • false accusation
  • BNSS
  • Section 69
  • Section 89
  • Section 3(5)
  • Section 438(2)
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81269 of 2025
                       Arising Out of PS. Case No.-38 Year-2025 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Vikash Kumar son of Ram Balak Paswan Resident of Village- Khap Ps-
                 sindhugarh, Dist- Gayaji
                                                                     ... ... Petitioner
                                              Versus

           1.    The State of Bihar
           2.    Rubi Kumari Daughter of Late Prasad Das Resident of Village- Khap Ps-
                 sindhugarh, Dist- Gayaji

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Praveen Kumar, Advocate
                 For the State             :         Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                      2.       The    petitioner    apprehends       arrest       in

                   connection with Sindhugarh P.S. Case No.38 of 2025 registered

                   for the offence under sections 69, 89 and 3(5) of the B.N.S.,

                   2023.

                                      3.       The petitioner is alleged to have established

                   physical relationship with the informant on the assurance of

                   marriage.

                                      4.       It has been submitted by learned counsel for

                   the petitioner that the petitioner is innocent and has falsely

                   been implicated in this case. He further submits that it is a case
              Patna High Court CR. MISC. No.81269 of 2025(3) dt.13-03-2026
                                                          2/2




                        of consensual relationship between two consenting adults and

                        when relationship turned sour, this false case has been

                        registered against the petitioner.

                                        5.      Considering the submissions made on

                        behalf of the petitioner, this application is allowed.

                                        6.      Accordingly, in the event of arrest or

                        surrender before the Court below within six weeks from today,

                        the petitioner, above named, be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                        like amount each to the satisfaction of the learned A.C.J.M.-II,

                        Sherghati (Gaya Jee) / concerned Court below, in connection

                        with Sindhugarh P.S. Case No.38 of 2025, subject to the

                        conditions laid down in Section 482 of the BNSS / 438(2) of the

                        Code of Criminal Procedure, 1973.


                                                                (Sandeep Kumar, J)

pawan/-

U         T


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