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Patna High Court

Om ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

The petitioner, Om Chaudhary, sought regular bail in a case registered under Section 70(2) of the BNS for alleged involvement in a rape. The prosecution alleged that the victim was taken to a field where Jitendra committed rape, while the petitioner was merely present. The victim’s statement under Section 183 of the BNSS did not accuse the petitioner of rape, only that he was standing there. The petitioner had been in judicial custody since 18‑09‑2025. The State opposed bail, but the court, considering the lack of direct allegation against the petitioner, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 70(2) of the BNS given the victim's statement does not implicate him directly

Legislation cited

Subjects

  • regular bail
  • Section 70(2) BNS
  • Section 183 BNSS
  • rape allegation
  • judicial custody
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89827 of 2025
                      Arising Out of PS. Case No.-119 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Om Chaudhary Son of Saryu Chaudhary Resident of Village- Dugul, P.S.-
                 Kasma, District- Aurangabad
                                                                     ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     XXX S/O YYY R/O Vill.- Jagroop Bigha, P.S.- Kasma, Dist.- Aurangabad.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamlendra Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 70(2) of the

                   BNS.

                                3. The case of the prosecution, in short, is that sister

                   of the informant has gone to ease her. It is further alleged one

                   Jitendra and this petitioner took her to Nauwa Aahar and there

                   Jitendra has committed rape with her, whereas, this petitioner

                   was standing there.

                                4. Learned counsel for the petitioner submits that

                   during course of investigation victim has given her statement

                   under Section 183 of the BNSS wherein she has stated that this

                   petitioner and Jitendra took her forcefully to a field near canal
            Patna High Court CR. MISC. No.89827 of 2025(3) dt.13-03-2026
                                                        2/2




                      and Jitendra has committed rape with her. Learned counsel for

                      the petitioner has submitted that victim herself has not alleged

                      that the petitioner has committed rape with her. Only role

                      attributed to this petitioner is that he was also standing there.

                      Learned counsel for the petitioner has submitted that the main

                      thrust of allegation is against Jitendra. Learned counsel for the

                      petitioner has further submitted that the petitioner is languishing

                      in judicial custody since 18.09.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Kasma P.S. Case No. 119 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Chief Judicial Magistrate-IV, Aurangabad.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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