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Patna High Court

Raj Kumar @ Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.82200 of 2025(3) dt.27-01-2026
                                                        3/3




                      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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