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Patna High Court

Janki DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted to the petitioners.

Summary

The petitioners, Janki Das, Biranjan Kumar and Golden Kumar, were arrested in connection with a gang rape alleged to have occurred in Gurua, Gaya, and charged under multiple sections of the Bihar Narcotic Substances Act, the Protection of Children from Sexual Offences (POCSO) Act and the Arms Act. They applied for regular bail, claiming false implication, clean antecedents and willingness to cooperate with the trial. The State opposed bail, relying on the victim's statement that the accused committed the gang rape. The Court examined the seriousness of the alleged offences and the victim's testimony, concluding that the nature of the crime warranted continued detention. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged gang rape under Sections 64, 74, 75, 76, 70(2), 3(5) of the B.N.S., Section 6 of the POCSO Act and Section 27 of the Arms Act

Legislation cited

Subjects

  • bail
  • gang rape
  • POCSO
  • Arms Act
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90621 of 2025
                         Arising Out of PS. Case No.-386 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
           1.     Janki Das Son of Rajeshwar Das All resident of Village - Bara, P.S. - Gurua,
                  Dist. - Gaya.
           2.    Biranjan Kumar Son of Vinay Das All resident of Village - Bara, P.S. -
                 Gurua, Dist. - Gaya.
           3.    Golden Kumar Son of Yogendra Das All resident of Village - Bara, P.S. -
                 Gurua, Dist. - Gaya.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X D/o Y All resident of Village - Mahmadpur, P.S. - Gurua, Dist. - Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Saxena, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   31-03-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with Gurua

                   P.S. Case No. 386/2025 registered for the offences punishable

                   under Sections 64, 74, 75, 76, 70(2), 3(5) of B.N.S., Section 6

                   of POCSO Act and Section 27 of Arms Act.

                                3. As per the prosecution case, petitioners are accused

                   of committing gang rape with the victim.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in the case. Learned

                   counsel further submits that they have clean antecedent and they
              Patna High Court CR. MISC. No.90621 of 2025(4) dt.31-03-2026
                                                          2/2




                        are in custody since 30.10.2025. The petitioners undertake to

                        co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that from the

                        statement of the victim girl, it appears that the petitioners have

                        committed gang rape with the victim.

                                     6. Considering the heinous crime committed by the

                        petitioners, this Court is not inclined to grant bail to the

                        petitioners.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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