Patna High Court
Hari Shankar Kumar Sah @ Shankar SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail applications, refusing regular bail to the accused.
Summary
The petitioners, accused of gang rape under Sections 70(1), 115(2), 126(2) and 74 of the BNS, applied for regular bail before the Patna High Court. The prosecution alleged that the accused had committed the offence in connection with PS Case No. 123 of 2025. The petitioners had been in custody since June and October 2025 respectively. The Court, noting the seriousness of the allegations, declined to grant bail. The bail applications were dismissed, with the Court clarifying that its observations were limited to the bail applications and did not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused of gang rape under the specified sections of the BNS.
Legislation cited
- BNS — s. 115(2), 126(2), 70(1), 74
Subjects
- bail
- gang rape
- regular bail
- high court
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76806 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
1. Udit Kumar Thakur S/o Sitaram Thakur R/o village- Badki Ladha, P.s-
Kamtaul, Dist- Darbhanga
2. Rahul Sahni S/o Subodh Sahni R/o village- Badki Ladha, P.s- Kamtaul, Dist-
Darbhanga
3. Kisan Das @ Kishan Das S/o Bindeswar Das @ Falgu Das R/o village-
Badki Ladha, P.s- Kamtaul, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 8279 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Hari Shankar Kumar Sah @ Shankar Sah S/o Sri Shambhu Sah Resident of
vill- Barki Ladha, ward no. 9, P.O.- Pindaruch, P.S Kamtaul, Distt.-
Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shivdulari Kumari W/o Govind Das R/o vill - Barki Ladha, P.S.- Kamtaul,
Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 76806 of 2025)
For the Petitioner/s : Mr.Baidyanath Prasad
For the Opposite Party/s : Mr.Nawal Kishore Prasad
(In CRIMINAL MISCELLANEOUS No. 8279 of 2026)
For the Petitioner/s : Mr.Manish Jha
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State in both the aforesaid cases.
Patna High Court CR. MISC. No.76806 of 2025(6) dt.16-04-2026
2/2
2. The petitioners of both the aforesaid cases seek
regular bail in connection with Kamtaul P.S. Case No. 123 of
2025 registered for the offence under Sections 70(1), 115(2),
126(2), 74 of the BNS.
3. As per the prosecution case, the petitioners are
accused of committing gang rape with the victim.
4. The petitioners of Cr. Misc. No. 76806 of 2025
are in jail since 12.06.2025 and the petitioner of Cr. Misc. No.
8279 of 2026 is in custody since 7.10.2025.
5. Considering the serious allegations levelled
against the petitioners, this Court is not inclined to grant bail to
the petitioners.
6. Accordingly, both the aforesaid bail applications
are dismissed.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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