Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Niraj Kumar was arrested on 29 August 2025 in connection with a case involving alleged sexual assault and video recording under Sections 329(4), 64, 308(3) and 3(5) of the B.N.S. The petitioner contended that he was falsely implicated, noting that the victim’s statement recorded under Section 183 did not mention him and that a similarly situated co‑accused, Rahul Kumar, had been granted bail in a related matter. The State opposed bail, arguing that the petitioner participated in the crime and had another pending case. The Court examined the victim’s statement, the lack of direct allegation against the petitioner, and the precedent of bail granted to the co‑accused. Considering these factors, the Court ordered the release of the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification by the lower court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the absence of the petitioner’s name in the victim’s statement under Section 183 warrants bail
- Whether the grant of bail to a similarly situated co‑accused influences the petitioner’s bail application
Legislation cited
- B.N.S. — s. 183, 308(3), 329(4), 3(5), 64
Subjects
- bail
- sexual assault
- false implication
- victim statement
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89325 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Niraj Kumar S/o Pannalal Sah Resident of Village - Khajauli, P.S - Lalganj,
District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Advocate
For the State : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Shyameshwar Kumar Singh, learned
counsel for the petitioner and Mrs. Anita Kumari, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
29.08.2025, in connection with Lalganj P.S. Case No. 370 of
2025, F.I.R. dated 29.07.2025 registered for the offences
punishable under Sections 329(4), 64, 308(3) and 3(5) of the
B.N.S.
3. Allegation against the petitioner is that he along
with other co-accused persons arrived at the informant’s house
and when co-accused Vicky established physical relationship
where his other associates made video of the act and later on co-
accused Vicky refused the proposal of marriage of the
informant.
Patna High Court CR. MISC. No.89325 of 2025(2) dt.15-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. that there is specific
allegation of sexual assault attributed against co-accused person,
namely, Vicky Kumar and petitioner is friend of Vicky so he has
been made accused in the present case and the statement of
victim was recorded under Section 183 of the B.N.S. in which
she has not stated anything about the petitioner. He further
submits that similarly situated co-accused person, namely, Rahul
Kumar against whom the similar allegation has been granted
bail vide order dated 12.01.2026 passed in Cr. Misc. No. 88963
of 2025 by a Coordinate Bench of this Court and the police
after investigation submitted chargesheet against the petitioner
and the petitioner is in custody since 29.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner has participated in the
present crime and apart from that the petitioner carries one more
case other than the present one but fairly submits on the basis of
paragraph-3 of the petition that the petitioner is on bail in the
pending matter.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.89325 of 2025(2) dt.15-01-2026
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and the fact that the victim has not stated anything in her
statement recorded under Section 183 of the B.N.S. and
similarly situated co-accused person has been granted bail, let
the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Vaishali at Hajipur in connection with
Lalganj P.S. Case No. 370 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.89325 of 2025(2) dt.15-01-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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