Patna High CourtCR. MISC./1136/2026rejected

Shyamal Kumar v. The State Of Bihar

2026-04-09Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1136 of 2026 Arising Out of PS. Case No.-96 Year-2025 Thana- KURSAILA District- Katihar ====================================================== Shyamal Kumar S/o- Anjan Mahaldar R/v- Balthi Maheshpur, Ward no 3, PSKursela, Distt- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Mr. Murli Dhar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.05.2025 in connection with Kursela P.S. Case No. 96 of 2025, F.I.R. dated 21.05.2025 for the offences punishable under Section 64 of the BNS, 2023.

3. According to prosecution case, this petitioner has committed rape upon the victim and also threatened to kill her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

Patna High Court CR. MISC. No.1136 of 2026(4) dt.09-04-2026 2/2

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 183 of the BNSS, 2023 in which she has stated that the petitioner has committed rape upon her.

6. Considering the nature of allegation as alleged in the FIR supported by the statement of the victim recorded under Section 183 of the BNSS, 2023, I am not inclined to enlarge the petitioner on bail in connection with Kursela P.S. Case No. 96 of 2025 pending in the court of learned Chief Judicial Magistrate, Katihar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T