Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted as the victim and her husband did not identify the petitioners and they have a clean antecedent.
Summary
The petitioners, Manoj Kumar, Manish Kumar and Nagendra Kumar, applied for regular bail in a case registered under Sections 126(2), 115(2), 127(2), 352, 351(2) and 70(1) of the Bihar Penal Code for alleged rape. The prosecution alleged that the three accused had raped the informant. During trial, the victim and her husband, examined as PW‑1 and PW‑2, both stated that they could not identify any of the petitioners, the victim even signing a plain paper to that effect. The petitioners had been in custody since 30‑04‑2025 and claimed a clean antecedent. The State opposed bail, but the court, considering the lack of identification and the petitioners’ clean record, ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether regular bail can be granted in a rape case where the victim and her husband do not identify the accused.
- Whether the petitioners’ clean antecedent and custody since 30‑04‑2025 justify bail despite the seriousness of the offences.
- Whether the nature of the offences under Sections 126(2), 115(2), 127(2), 352, 351(2) and 70(1) of the Bihar Penal Code precludes the grant of bail.
Legislation cited
- Bihar Penal Code — s. 115(2), 126(2), 127(2), 351(2), 352, 70(1)
Subjects
- bail
- rape
- identification
- clean antecedent
- criminal procedure
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8747 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- SAHPUR District- Patna
======================================================
1. Manoj Kumar S/O Lal Deo Ray Resident of Village- Shankarpur Dera, P.S.-
Shahpur, District- Patna.
2. Manish Kumar S/O Amar Ray Resident of Village- Shankarpur Dera, P.S.-
Shahpur, District- Patna.
3. Nagendra Kumar S/O Jagat Rai Resident of Village- Shankarpur Dera, P.S.-
Shahpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr Raj Kr, Advocate
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 07-05-2026 Heard learned counsel for the parties.
2 The petitioners seek regular bail in a case registered
for the offence punishable under Sections 126 (2), 115 (2), 127
(2), 352, 351 (2), 70 (1) of the BNS.
3 The prosecution case, in short, is that all the three
petitioners have committed rape with the informant.
4 Learned counsel for the petitioners submits that
during the course of trial, the victim and her husband both have
been examined as PW 1 and PW 2 respectively. The victim
herself has stated in her examination-in-chief that she does not
identify the petitioners as the accused persons have masked their
Patna High Court CR. MISC. No.8747 of 2026(6) dt.07-05-2026
2/2
faces. She has stated in her cross examination that she has put
her signature on a plain paper. Likewise, her husband has also
stated that he does not identify any of the petitioners. It is also
submitted that the petitioners are in custody since 30.04.2025
having clean antecedent.
5 Learned APP appearing for the State has
vehemently opposed the prayer for bail.
6 Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above named petitioners are directed to be released on
bail on each of them furnishing bonds of Rs 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Rape and
POCSO Act, Patna in Shahpur PS Case No 188 of 2025.
(Ashok Kumar Pandey, J)
M.E.H./-
U
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