Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 69, 89
- Code of Criminal Procedure, 1973 — s. 438(2), 482
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
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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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