Patna High Court

Raj Kumar SahversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied as the nature of the accusations and the victim's statement warranted the petitioner’s continued custody.

Summary

Petitioner Raj Kumar Sah was charged under multiple sections of the B.N.S. for alleged rape, assault, and related offences. The prosecution alleged that he entered the victim's house, threatened her with a knife, touched her private parts, and fled when the victim's mother intervened. The victim and her mother also complained of assault by the petitioner and others. The petitioner applied for bail, arguing apprehension of arrest. The court, after hearing counsel, considered the seriousness of the allegations and the victim's statement and rejected the bail application, ordering that the petitioner remain in custody.

Issues considered

Whether the petitioner is entitled to bail in view of the nature of the offences alleged under the B.N.S.
Whether the victim's statement and the seriousness of the accusations justify denial of bail

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76

Subjects

bail
rape
assault
criminal procedure
sections of B.N.S.
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90413 of 2025
                   Arising Out of PS. Case No.-305 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Raj Kumar Sah, Son of Sevak Sah, Resident of Village - Trilokwa, Ward No.-
                 01, Police Station - Kesariya, District - East Champaran (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 126(2), 115(2), 76,

                   303(2), 109, 352, 351(2) and 3(5) of the B.N.S.

                                3. The prosecution case in brief is that when the

                   informant was alone at her house, in the meantime, her

                   neighbour Raj Kumar Sah (petitioner) suddenly came at her

                   house and tried to commit rape by threatening her showing

                   knife. He touched her private parts and tore her clothes and

                   when informant’s mother came then he fled away from the

                   house. Thereafter, the informant’s mother went to complain

                   about the occurrence where she was also assaulted by the

                   petitioner and other accused persons.
            Patna High Court CR. MISC. No.90413 of 2025(2) dt.19-01-2026
                                                        2/2




                                   4. Considering the nature of accusation and statement

                      of the victim, prayer for bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T

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