Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the anticipatory bail application, holding that it should not be granted given the seriousness of the allegations.
Summary
Petitioner Rajesh Kumar sought anticipatory bail fearing arrest in connection with a criminal case (Maner PS Case No. 800 of 2025) that alleged his involvement in an attempted rape of a 13‑year‑old girl. The prosecution charged him under multiple provisions of the Bihar Narcotic Substances (BNS) Act, 2023, the POCSO Act and the SC/ST Act. The High Court, after hearing on 15‑01‑2026, considered the seriousness of the allegations and the nature of the offences. It concluded that anticipatory bail could not be granted in view of the grave charges. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within two weeks and to apply for regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the serious charges of attempted rape and other offences.
Legislation cited
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)r, 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- rape
- child sexual abuse
- SC/ST Act
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88597 of 2025
Arising Out of PS. Case No.-800 Year-2025 Thana- MANER District- Patna
======================================================
Rajesh Kumar S/o Brijanand Ray @ Birja Nand Ray @ Brij Nandan Ray R/o
Village - Hanumanganj, P.S - Shahpur, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXZ D/o XXY R/o Village - Mahuari Bagicha, P.S - Maner, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Kumar
For the Opposite Party/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Maner P.S. Case No. 800 of 2025 registered for the offence
under Sections 126(2), 115(2), 74, 75, 76, 79, 352 of the BNS,
2023, under Sections 8, 12 of the POCSO Act and under
Sections 3(1)r, 3(1)(s), 3(1)(w) of the SC/ST Act.
3. As per the prosecution case, the petitioner has tried
to commit rape with a 13 year old girl.
4. Considering the serious allegations levelled against
the petitioner, this Court is not inclined to grant anticipatory bail
to the petitioner.
5. Accordingly, this application is dismissed.
6. The petitioner is directed to surrender within two
Patna High Court CR. MISC. No.88597 of 2025(2) dt.15-01-2026
2/2
weeks from today and pray for regular bail failing which the
Senior Superintendent of Police, Patna will take all steps for
arrest of the accused person/s including the petitioner.
7. Let a copy of this order be communicated to the
Senior Superintendent of Police, patna through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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