Patna High CourtCR. MISC./29353/2026dismissed

Jyotish Kumar v. The State Of Bihar

2026-05-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29353 of 2026 Arising Out of PS. Case No.-11 Year-2025 Thana- SHAHKUND District- Bhagalpur ====================================================== Jyotish Kumar S/O Binay Yadav @ Vinay Yadav Resident of Village-Kashwa Kharai, Police Station- Shahkund, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Advocate For the State :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahkund P.S. Case No. 11 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 303(2), 70(1), and 3(5) of the Bharatiya Nyaya Sanhita.

3. The case is the prosecution is that while the prosecutrix was sitting on the hill with her friend, three unknown persons brutally attacked them and committed gang rape with the prosecutrix. It is also alleged that the accused persons had punched the prosecutrix after which she became unconscious.

4. The involvement of the petitioner has been found in the gang rape. The victim has identified the petitioner in the

Patna High Court CR. MISC. No.29353 of 2026(2) dt.11-05-2026 2/2 Test Identification Parade as one of the persons involved in the crime.

5. Considering the serious nature of allegation and also the fact that the prosecutrix has identified the petitioner in the TI parade, I am not inclined to grant bail to the petitioner.

6. Accordingly, the application stands dismissed.

7. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T