Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Petitioner Raj Kumar Singh was arrested on 5 August 2025 in connection with FIR dated 4 August 2025 alleging outraging modesty and attempted rape, charged under Sections 329(4), 64(1), 64(2), (2-J), 62 and 78 of the Bihar Narcotic Substances Act, 2023. The petitioner claimed a clean antecedent and that the FIR was fabricated due to office politics. The prosecution opposed bail, asserting the seriousness of the offences. The Court, noting the petitioner’s clean record and the lack of medical examination of the informant, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the Sub‑Divisional Judicial Magistrate, Saharsa.
Issues considered
- Whether bail should be granted to the accused under Sections 329(4), 64(1), 64(2), (2-J), 62 and 78 of the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner’s clean antecedent and claim of a fabricated FIR justify the grant of bail.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 2-J, 329(4), 62, 64(1), 64(2), 78
Subjects
- bail
- criminal procedure
- false FIR
- clean antecedent
- sexual offences
- attempted rape
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82200 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- MAHILA P.S. District- Saharsa
======================================================
Raj Kumar @ Raj Kumar Singh S/O Surendra Narayan Singh R/O Village -
Khajuraha, P.S- Sonbersha Raj District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Vivekanand Singh, learned counsel for the
petitioner and Mr. Rajendra Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.08.2025 in connection with Mahila P.S. Case No. 31 of 2025,
F.I.R. dated 04.08.2025 for the offences punishable under
Sections 329(4), 64(1), 64(2), (2-J), 62 and 78 of BNS, 2023.
3. According to prosecution case, this petitioner
outraged the modesty of the informant and also tried to commit
rape upon her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.82200 of 2025(3) dt.27-01-2026
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any offence as alleged in the F.I.R and due to office politics the
petitioner has been made accused in the present case. It appears
from the F.I.R itself that the petitioner has committed nothing
wrong with the informant. As per the allegation, the informant
claims that the petitioner tried to commit rape upon her and
apart from that, the informant has refused for her medical
examination. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 05.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned SDJM, Saharsa in
connection with Mahila P.S. Case No. 31 of 2025, subject to the
following conditions:-
i. 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
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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