Patna High Court
Jitendra Choudhary @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Jitendra Choudhary, was arrested on 13 Oct 2025 in connection with FIR No. 40 of 2024 alleging attempted rape and related offences under several sections of the Bihar Narcotic Substances Act, 2023 and Section 12 of the POCSO Act. He applied for bail, claiming a clean antecedent and that the injury to the victim was simple, rendering the charge under Section 76 of the BNS untenable. The State opposed bail, citing a specific allegation in the FIR and a victim’s statement recorded under Section 183 of the BNS supporting the prosecution. The Court examined the facts, noted the petitioner’s clean record and the nature of the injury, and consequently ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional District & Sessions Judge (Special Judge, POCSO), Rohtas.
Issues considered
- Whether bail should be granted to the accused in a case of alleged attempted rape under the POCSO Act and multiple sections of the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 183, 305, 3(5), 351(1), 358(2), 76
- Protection of Children from Sexual Offences Act — s. 12
Subjects
- bail
- attempted rape
- POCSO Act
- Bihar Narcotic Substances Act
- criminal antecedent
- injury report
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85850 of 2025
Arising Out of PS. Case No.-40 Year-2024 Thana- BADDI District- Rohtas
======================================================
Jitendra Choudhary @ Jitendra Kumar S/o Lalbabu Choudhary R/o Village -
Aalam Pur, P.S - Baddi, District - Sasaram at Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O Y R/V - Alampur, P.S. -Baddi, Dist. - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
For the informant : Mr. Babu Nandan Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Heard Mr.Dharmendra Kumar Singh, learned counsel
for the petitioner, Mr. Babu Nandan Prasad, learned counsel for
the informant and Mr.Ramesh Chandra, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.10.2025 in connection with Baddi P.S. Case No. 40 of 2024,
F.I.R. dated 04.11.2024 registered for the offence punishable
under Sections 126(2),115(2),76,305,358(2),351(1), 3(5) of
BNS,2023 and Section 12 of POCSO Act.
3. Allegation against the petitioner is that he tried to
commit rape upon the victim.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.85850 of 2025(5) dt.23-03-2026
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. As per
allegation in the FIR against the petitoner is that he tried to
commit rape upon the victim and thereafter he has beaten the
victim but from a bare perusal of the injury report of the victim
which suggests that the injury is simple in nature and no case is
made out under Section 76 of the BNS, 2023. The police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 13.10.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that there is
direct and specific allegation against the petitioner in the FIR
and apart from that, the trial has begun and the statement of the
victim was recorded under Section 183 of BNSS, 2023 in which
she has fully supported the case of the prosecution.
6. Considering the aforesaid facts, petitioner has clean
antecedent, injury inflicted upon the victim is simple in nature
and allegation against the petitioner is that he tried to commit
rape upon the victim, 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
Patna High Court CR. MISC. No.85850 of 2025(5) dt.23-03-2026
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satisfaction of learned Additional District & Sessions Judge 6 th-
cum-Special Judge, POCSO, Rohtas in connection with Baddi
P.S. Case No. 40 of 2024, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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