← Library
Patna High CourtCR. MISC./13685/2026allowed

Awadhesh Das v. The State Of Bihar

2026-03-12Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13685 of 2026 Arising Out of PS. Case No.-187 Year-2025 Thana- BYPASS District- Patna ====================================================== Awadhesh Das, Son of Raghunandan Das, Resident of Village- Marchi, P.S.- Bypass, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bypass P.S. Case No. 187 of 2025 registered for the offence punishable under Sections 64(1), 331(4), 305 and 351(3) of B.N.S.

3. The case of the prosecution, in short, is that the informant was alone at her house, the petitioner entered in her house, tied her mouth and took her on the roof where in the asbestos room committed rape. It is further alleged that the petitioner threatened the informant of dire consequences. As she tried to raise alarm after releasing her mouth from the knot, the petitioner fled away. It is also alleged that the petitioner has also taken away Rs. 70,000/- from the box.

Patna High Court CR. MISC. No.13685 of 2026(2) dt.12-03-2026 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that from perusal of the medical examination report which was conducted on the next day of the occurrence, it is clear that the doctors have found no sign of sexual assault on the body of the informant and have also opined that no physical and pathological sign of sexual assault could be found at the time of examination. It has also been submitted that in this case with the intervention of the well-wishers, parties have compromised the case. The informant has filed this case in anger which has been compromised. No such occurrence has taken place. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 15.04.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.13685 of 2026(2) dt.12-03-2026 3/3 of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City, Patna in connection with Bypass P.S. Case No. 187 of 2025.

(Ashok Kumar Pandey, J) lata/- U T