Chhotan kumar v. The State of Bihar

Patna HC27 Jul 2026CR. MISC./39206/2026

Case brief

AI extract

What is this about?

Bail allowed; Patna High Court; Cr. Misc. No.39206 of 2026 (decided 27-07-2026); Kesariya P.S. Case No. 523 of 2025, East Champaran; Sections 126(2), 115(2), 64, 352, 351(2), 127(2) BNS; rape allegation; consensual sex between two consenting adults per FIR; custody since 24.12.2025; bail bond Rs. 10,000 with two sureties.

What did the court decide?

Release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Kesariya P.S. Case No. 523 of 2025. ¶¶20

Chhotan kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39206 of 2026

¶2

Arising Out of PS. Case No.-523 Year-2025 Thana- KESARIA District- East Champaran

¶3

======================================================

¶4

Chhotan kumar S/o Nageshwar Sharma Resident of Village - Chand Parsa, P.O - Kesariya, P.S.- Kesariya, District - East Champaran, Bihar - 845432

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akshay Ashish For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶9

4 27-07-2026

¶10

Heard learned counsel for the petitioner and

¶11

learned APP for the State.

¶12

The petitioner seeks bail in connection with Kesariya P.S. Case No. 523 of 2025 registered for the offence under Sections 126(2), 115(2), 64, 352, 351(2), 127(2) of the BNS.

¶13

As per the prosecution case, the petitioner is alleged to have committed rape with the victim.

¶14

The petitioner is in custody since 24.12.2025.

¶15

From the FIR, it appears that the present case is a case of consensual sex between two consenting adults. Moreover, learned counsel for the petitioner has submitted that the petitioner and the informant were in relationship but when the petitioner could not qualify in the constable recruitment

¶16

Patna High Court CR. MISC. No.39206 of 2026(4) dt.27-07-2026 2/2

¶17

examination, she left the petitioner. Subsequently, the petitioner qualified in the Teacher Eligibility Test and therefore this false case has been lodged against the petitioner.

¶18

Considering the aforesaid facts, this application

¶19

is allowed.

¶20

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Kesariya P.S. Case No. 523 of 2025.

¶21

(Sandeep Kumar, J)

¶22

Vikas/-

¶23

Chhotan kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhotan kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Tanu Kumari @ Tannu Devi @ Tanu Devi Vs The State of Bihar

Jamila Khatoon @ Jamila Khatun Vs The State of Bihar

Arjun Choudhary Vs The State of Bihar

Abhilasha Kumari @ Nissu Kumari Vs The State of Bihar

Mohan Kumar Singh Vs the State of Bihar

Ajit Kumar @ Monu Vs The State Of Bihar