Sadhu Kumar @ Lal Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63034 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Sadhu Kumar @ Lal Mohan S/o Shivjee Rai @ Chai Singh R/o VillageMadhopur, P.S.- Didarganj, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Didarganj P.S. Case No. 95/2025 registered for the offence under Sections 64, 74, 76 of the Bharatiya Nyaya Sanhita and Section 188(9) of Bihar Loudspeaker Control Act, 1955.

3. The accused/petitioner is named in the F.I.R. and is in custody since 25.03.2025.

4. As per FIR, petitioner sexually assaulted the informant aged about 24 years in dance party, where she was performing dance alongwith other girls.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired on the basis of hearsay input as per disclosure made by unknown

Patna High Court CR. MISC. No.63034 of 2025(3) dt.20-11-2025 2/3 co-villagers, without specifying any name. It is submitted that having all occasions for TIP, no such parade was conducted to connect petitioner prima facie with crime in question. It is submitted that charge-sheet submitted in this matter long back and even not a single prosecution witness examined in this case which appears in complete defiance of Section 346(1) of the BNSS. In support of his submissions, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through P. Ramachandra Rao Vs. State of Karnataka reported in (2002) 4 SCC 578.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as prima facie implication of this petitioner appears doubtful with present crime in question in want of identification, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 25.03.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Didarganj P.S. Case No. 95/2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.63034 of 2025(3) dt.20-11-2025 3/3 like amount each to the satisfaction of learned District & Additional Sessions Judge-I, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T