Patna High Court
Vikky Kumar Yadav @ Vikky Kumar @ Vikki RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Vikky Kumar Yadav was charged under Sections 64, 331(4), 303(2) and 3(5) of the B.N.S., 2023 for alleged rape of a woman in Bachwara. The prosecution alleged that the petitioner entered the victim's house and committed rape, relying on the victim's statements recorded under Sections 180 and 183 of the BNSS. The petitioner contended innocence, pointing to inconsistencies in the victim’s testimony and a medical report showing no injuries, and highlighted his prolonged pre‑trial detention since 10‑09‑2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a rape case despite the prosecution’s evidence and the accused’s prior criminal antecedents
Legislation cited
- B.N.S., 2023 — s. 303(2), 331(4), 3(5), 64
- BNSS — s. 180, 183
Subjects
- bail
- rape
- criminal antecedent
- medical examination report
- victim statement
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87281 of 2025
Arising Out of PS. Case No.-327 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Vikky Kumar Yadav @ Vikky Kumar @ Vikki Roy S/o Vinod Ray R/O-Vill.-
Chakki Gopalpur, Ward no.8, P.o- Chamtha, P.s-Bachwara,- District.
-Begusarai, Pincode-851111, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi W/o Rambali Mahto R/o vill - Chakki Gopalpur, P.O.- Chamtha,
P.S.- Bachwara, Distt.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Vikram Rana, Adv.
Ms. Misha Bharti, Adv.
Mr. Utkarsh Vikram Rana, Adv.
Mr. Kumar Saurav Dev, Adv.
Mr. Akash Priya, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bachwara P.S. Case No. 327 of 2025 registered for the
offence punishable under Sections 64, 331(4), 303(2), 3(5) of
the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner entered in the house of the informant and committed
rape with her.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.87281 of 2025(3) dt.11-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During the course of investigation, the victim has given
her statement recorded under Sections 180 and 183 of the
BNSS, wherein she has stated that the petitioner has entered her
house. Her husband called her and told her that somebody has
entered the house, but she did not find anyone. After that, her
mother-in-law told her that the petitioner is on the Chajji. She
found her there. After that, the mother-in-law of the victim
closed the door from outside, and after that, the petitioner
committed rape with her. In her statement recorded under
Section 183 of the BNSS, the victim has stated that as the
petitioner entered her house, somebody saw him and called her
husband, who asked her as to who had entered, and then she
said that nobody is there. After that, the husband of the
informant called her mother-in-law. This goes to show that the
victim herself has called him, and on being called by the family
members, she has made out a case of rape. He further submits
that from perusal of the medical examination report, it transpires
that the doctor has not found any injury on any part of the
victim. Moreover, the petitioner is languishing in judicial
custody since 10.09.2025.
Patna High Court CR. MISC. No.87281 of 2025(3) dt.11-02-2026
3/3
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
J.M.F.C., Begusarai in connection with Bachwara P.S. Case No.
327 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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