Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31329 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- PHULWARIA District- Begusarai ====================================================== Kanhaiya Kumar Son of Baldev Rai @ Baldev Ray Resident of VillagePhulwaria (Phulwariya), Phulwaria- 03, Bakhtar Asthan, (Bakbar Asthan) Ward No. 4, P.S.- Phulwaria (Phulwariya), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 07.02.2026 in connection with Phulwaria (Phulwariya) P.S. Case No. 28 of 2026 for the offence punishable under Section 64 of BNS.

3. The case of the prosecution, in brief, is that on 05.02.2026 at about 06.30 PM, informant's nanand "X" (name not disclosed due to legal reasons), who is mentally incapacitated was raped by the accused-Kanhaiya Kumar by force. As per the informant, she was allured by the Kanhaiya Kumar on the pretext of giving her biscuits and took her to a

Patna High Court CR. MISC. No.31329 of 2026(2) dt.12-05-2026 2/3 secluded hut behind the house, and committed rape upon her. As per the informant, she has seen the occurrence from her naked eyes, and thereafter, she raised alarm, and then the accused persons fled away. The informant further stated that later when the clothes of victim-X was seen, then sperm of the accusedKanhaiya Kumar was found on the cloth of victim. As per the informant, the accused-Kanhaiya has also earlier molested X several times.

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

5. The learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the victim is mentally incapacitated and was raped by the petitioner and the victim in her statement recorded under Section 183 of BNSS has stated that the petitioner has committed wrong with her.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in

Patna High Court CR. MISC. No.31329 of 2026(2) dt.12-05-2026 3/3 connection with Phulwaria (Phulwariya) P.S. Case No. 28 of 2026 pending in the court of learned Judicial Magistrate, 1st Class, Begusarai.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T