Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The bail application was dismissed, and the petitioner was ordered to remain in custody.

Summary

Kundan Kumar was arrested in connection with a gang rape case registered as Dulhin Bazar P.S. Case No. 200 of 2025 and has been in custody since 17 August 2025. He filed an application for bail, invoking Section 70(1) of the Bihar Narcotic Substances Act, 2023, which the prosecution alleged was the basis of the charge. The State opposed the bail, arguing the seriousness of the alleged gang rape. Justice Sandeep Kumar examined the facts and the nature of the offence. Considering the circumstances, the court dismissed the bail application, ordering that the petitioner remain in custody. The decision reflects the court's view that the gravity of the alleged crime outweighs the grounds for bail.

Issues considered

Whether bail should be granted to the accused in a gang rape case under Section 70(1) of the B.N.S., 2023

Legislation cited

B.N.S., 2023 — s. 70(1)

Subjects

bail
gang rape
Section 70(1) B.N.S. 2023
high court
Patna
criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.8890 of 2026
                      Arising Out of PS. Case No.-200 Year-2025 Thana- DULHIN BAZAR District- Patna
                  ======================================================
                  Kundan Kumar Son of Akalu Ravidas Resident of Village - Jamui, P.S.-
                  Dulhin Bazar, District - Patna
                                                                     ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.    Nisha Kumari D/O- Sanjay Kumar, vill- Jamui, PS- Dulhin Bazar, dist- patna
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :     Mr.Shailendra Kumar Singh, Advocate
                                                   Mr. Ankit Kumar, Advocate
                                                   Mr. Surya Prakash, Advocate
                  For the Opposite Party/s   :     Mr.Mukesh Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    27-04-2026                      Heard learned counsel for the petitioner and learned APP for

                    the State.

                                   2. The petitioner seeks bail in connection with Dulhin Bazar

                    P.S. Case No. 200 of 2025, registered for the offence punishable under

                    Section 70(1) of B.N.S., 2023.

                                   3. As per the prosecution case, the petitioner others accused

                    persons are accused of committing gang rape with the victim.                      The

                    petitioner is in jail since 17.08.2025.

                                   4. Learned APP appearing for the State opposes the prayer for

                    bail of the petitioner.

                                   5. Considering the facts and circumstances of the case, this

                    application is dismissed.


sanjeev/-                                                             (Sandeep Kumar, J)
U       T

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