Kunnu Kumar Bashist @ Vashist @ Vashist Kumar @ Vashishtha Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82024 of 2025 Arising Out of PS. Case No.-1346 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Karu @ Karu Singh @ Sanoj Kumar S/o Sagina Singh Resident of VillageKharabaiya, P.S.- Shahjahanpur, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Pooja W/o Upesh Kumar Resident of Village- Sirpatpur, P.S.- Fatuha, District- Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 88218 of 2025 Arising Out of PS. Case No.-1346 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kunnu Kumar Bashist @ Vashist @ Vashist Kumar @ Vashishtha Kumar S/O Kul Bhushan Singh R/O Village- Sirpatpur, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Pooja W/O Upesh Kumar R/O Village- Sirpatpur, P.S.- Fatuha, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 82024 of 2025) For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr.Md. Aslam Ansari (In CRIMINAL MISCELLANEOUS No. 88218 of 2025) For the Petitioner/s :
Mr.Vijay Anand For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-01-2026
1. Heard the parties.
2. Since both the aforesaid anticipatory bail applications arise out of same Complaint Case No. 1346 (C) of 2022 dated
Patna High Court CR. MISC. No.82024 of 2025(3) dt.16-01-2026 2/3 04.11.2022 registered under Sections 452 / 376 / 511 / 380 / 379 / 323 / 504 / 506 / 427 of the I.P.C. as such both are taken up together and are being disposed of by this common order.
3. Petitioners have filed second anticipatory bail application after dismissal of their earlier anticipatory bail application on merit on 26.10.2024 & 22.11.2024 vide Cr. Misc. No. 71338 / 2024 & 72112 / 2024 respectively.
4. The prosecution case as per the complaint case is that on 22.10.2022 while the complainant was alone in her house, the petitioner and other accused persons came to her house and started misbehaving, dragged her in a room and disrobed her and tried to commit rape. After alarm being raised, her family members and villagers came there who were also assaulted by the petitioners and other accused persons.
5. Learned counsel for the petitioners tried to re-argue the matter and took this Court to the statement made in paragraph no. 1 of the complaint petition and submits that the allegation is that the petitioners and other accused persons tried to commit rape upon the complainant. He further submits that subsequently anticipatory bail application of the co-accused Vivek Kumar has been allowed and a Co-ordinate Bench of this Court vide order dated 09.09.2025 has granted anticipatory bail to the co-accused
Patna High Court CR. MISC. No.82024 of 2025(3) dt.16-01-2026 3/3 Vivek Kumar.
6. I have heard learned counsel for the parties and have gone through the previous orders whereby prayer for anticipatory bail of the petitioners has been rejected. It appears that this Court has dismissed the anticipatory bail applications on merit taking into consideration the nature of offence and severity of punishment. If, subsequently, some co-accused has been granted anticipatory bail by a Co-ordinate Bench particularly when the rejection of prayer for anticipatory bail of the present petitioners was not placed before the learned Judge at the time of hearing of anticipatory bail application of the coaccused, I do not find any reason to review my earlier order dismissing the anticipatory bail applications on merit and to allow second anticipatory bail filed by the petitioners. Accordingly, both these applications are dismissed. (Anil Kumar Sinha, J) praful/- U T