Patna High Court
Vivek SagarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Vivek Sagar was arrested on 22 September 2025 in connection with a kidnapping and alleged sexual relationship with a minor, under Sections 137(2) and 96 of the B.N.S. He applied for bail, claiming a clean criminal record and that the allegations were fabricated. The prosecution opposed bail, but the court noted that the victim had refused a medical examination and that the petitioner had no prior convictions. Considering these circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient cause. The bail order was issued by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- What is the appropriateness of granting bail to the petitioner accused of kidnapping and sexual assault under Sections 137(2) and 96 of the B.N.S.?
- Does the petitioner’s clean antecedent and the victim’s refusal to undergo a medical examination justify bail?
- What conditions, if any, should be imposed on bail in this case?
Legislation cited
- B.N.S. — s. 137(2), 96
Subjects
- bail
- kidnapping
- sexual assault
- Section 137(2) B.N.S.
- Section 96 B.N.S.
- clean antecedent
- victim medical examination
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81442 of 2025
Arising Out of PS. Case No.-371 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Vivek Sagar S/o Lakhan Singh R/o Village- Sentakhera, P.O and Tehsil-
Tanda, P.S- Tanda Badli, Distt- Rampur, uttar Pardesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the State : Mr. Anil Kumar, APP
========================= =============================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Babu Nandan Prasad, learned counsel for
the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
22.09.2025, in connection with Akorhigola P.S. Case No. 371 of
2025, F.I.R. dated 20.09.2025 registered for the offences
punishable under Sections 137(2), 96 of the B.N.S.
3. Allegation against the petitioner is that he has
kidnapped the victim girl and made physical relationship with
her.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.81442 of 2025(3) dt.27-01-2026
2/3
In fact, the petitioner was in love with the victim girl and it has
come during investigation that she has refused for her medical
examination. Although she has supported the case of the
prosecution and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 22.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
victim has refused for her medical examination, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned S.D.J.M.
Dehri, Rohtas in connection with Akorhigola P.S. Case No. 371
of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.81442 of 2025(3) dt.27-01-2026
3/3
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…