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Patna High CourtCR. MISC./1962/2026rejected

Jitendra Sahni v. The State Of Bihar

2026-01-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1962 of 2026 Arising Out of PS. Case No.-483 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Jitendra Sahni S/O Manezar Sahni R/O Village- Rudalpur Ward No. 11, P.SNautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/O Y R/O Village- Rudalpur Ward No. 11, P.S- Nautan, Distt.- West Champaran.

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 20-01-2026 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Mr. Shantanu Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 04.10.2025, in connection with Nautan P.S. Case No. 483 of 2025, FIR dated 04.10.2025 registered for the offence under Sections 70(2), 3(5) of the BNS, 2023 and Section 4 and 8 of the POCSO Act.

3. The prosecution case in brief is that the petitioner along with other co-accused persons committed rape upon the informant, who is 14 years old.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has

Patna High Court CR. MISC. No.1962 of 2026(2) dt.20-01-2026 2/2 not committed any offences as alleged in the F.I.R and he has been made accused due to land dispute between the parties and both the parties are agnates to each other. The petitioner is rotting in judicial custody since 04.10.2025.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation of rape attributed against the petitioner and the victim has supported the case of the prosecution and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Nautan P.S. Case No. 483 of 2025, pending in the Court of Special Judge, POCSO-cum-D.A.S.J-VI, West Champaran, Bettiah.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T