Patna High CourtCR. MISC./32045/2026bail granted

Abhay Kumar v. The State Of Bihar

2026-07-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32045 of 2026 Arising Out of PS. Case No.-31 Year-2026 Thana- Singhaul District- Begusarai ====================================================== Abhay Kumar S/o Bishwaher Yadav R/o vill - Chandwara, ward no. 19, Pachamba, P.S.- Singhaul, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar 2.

XXXX W/o YYY YYY R/o vill - Chandwara, ward no. 19, P.S.- Singhaul, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr, N.K. Agarwal, Sr. Advocate Mr. Kumar Rajdeep, Advocate Mr. S.K. Choudhary, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP For the Informant :

Mr. Pravashankar Mishra, Advocate Mr. Navneet Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Singhaul P.S. Case No. 31 of 2026 instituted for the offences under Sections 127, 74, 75, 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act.

3. The prosecution case, in short, is that the petitioner, while under the influence of alcohol, allegedly attempted to outrage the modesty of the victim by forcibly taking her to a

Patna High Court CR. MISC. No.32045 of 2026(3) dt.22-07-2026 2/3 nearby field, but fled after the informant intervened.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 183 of the BNSS has specifically stated that this petitioner has not committed anything wrong with her. Victim has also refused to undergo medical examination. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.02.2026 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 183 BNSS statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.32045 of 2026(3) dt.22-07-2026 3/3 below/concerned Court in connection with Singhaul P.S. Case No. 31 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or threaten the victim/witnesses during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T