Patna High Court

Jagdeo DasversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: RAJIV ROY

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Jagdeo Das was arrested in connection with a case alleging assault and attempted rape of a woman, charged under Sections 126(2), 115(2), 351(2), 352, 64(1) and 62 of the B.N.S. He had been in custody since 5 March 2025 and claimed to have no prior criminal record. The petitioner applied for bail, arguing that his prolonged detention was unjustified. The State opposed the bail. Considering the lack of antecedents and the duration of custody, the Court exercised its discretion to grant bail, imposing a bond of Rs.10,000 with two sureties and several conditions regarding appearance, police reporting, non‑interference with witnesses, and refraining from further offences. The bail order was issued subject to these conditions.

Issues considered

Whether bail should be granted to an accused charged with serious offences including attempted rape, given the length of pre‑trial detention and absence of prior criminal record

Legislation cited

B.N.S. — s. 115(2), 126(2), 351(2), 352, 62, 64(1)

Subjects

bail
criminal procedure
attempted rape
assault
pre‑trial detention
conditions of bail
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88863 of 2025
                       Arising Out of PS. Case No.-108 Year-2025 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Jagdeo Das S/O Chandar Das R/O Vill.- Mahmadpur, P.S- Sherghatti , Dist-
                 Gaya (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-02-2026                  Heard Mr.Shailesh Kumar Singh, learned counsel for

                   the petitioner and the State

                                2. The petitioner is in custody in connection with

                   Sherghati P.S. Case No. 108 of 2025 for the offence punishable

                   under Sections 126(2), 115(2), 351(2), 352, 64(1) and 62 of the

                   BNS, lodged on 04.03.2025 by the informant Geeta Devi.

                                3. As per the prosecution story, the informant alleged

                   that while she was out to attend the nature's call, the petitioner

                   not only tore her dress, also caught hold and tried to put her on

                   the ground with an intention to commit rape, she anyhow

                   managed to escape which led to the F.LR.

                                4. Learned counsel for the petitioner submits that he

                   has already suffered by being in custody since 05.03.2025 and

                   has no criminal antecedent.
Patna High Court CR. MISC. No.88863 of 2025(3) dt.13-02-2026
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                       5. Learned APP opposes the prayer.

                       6. Considering the submissions of the parties as also

          the fact he do not have criminal antecedent and has remained in

          custody since 05.03.2025, in that background, this Court is

          inclined to extend him the privilege of bail with conditions.

                       7. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned A.C.J.M.-1st,

          Sherghatti, Gayaji, in connection with Sherghati P.S. Case No.

          108 of 2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every fortnight for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty
         Patna High Court CR. MISC. No.88863 of 2025(3) dt.13-02-2026
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                   to take steps for cancellation of bail bonds;

                                (iv) the petitioner shall in no way try to induce or

                   promise or threat the witnesses or tamper with the evidences,

                   failing which the State shall be at liberty to take steps for

                   cancellation of the bail bonds;

                                (v) the petitioner shall desist from committing any

                   criminal offence again, failing which the State shall be at liberty

                   to take steps for cancellation of his bail bonds.



                                                  (Rajiv Roy, J)
Ravi/-

U

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