Petitioner sought regular bail for rape charges involving a mentally retarded victim. The Court noted CCTV evidence placing the petitioner near the victim and observed concealment of a prior antecedent. Bail rejected; trial expedited.
Petitioner's prayer for regular bail rejected; Trial Court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45774 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- BHABHUA District- Kaimur (Bhabua)
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Rajesh S/o Late Mohan Ram @ Late Mohar Ram Resident of VillageBhabua, Ward No. 14, P.S.- Bhabua, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL ORDER
3 13-08-2026
Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
Patna High Court CR. MISC. No.45774 of 2026(3) dt.13-08-2026 2/3
Patna High Court CR. MISC. No.45774 of 2026(3) dt.13-08-2026 3/3
has not stated the name of the person as she being the mentally handicapped. He further submits that in the impugned order, it has been mentioned that the petitioner has clean antecedent, however, it appears from the paragraph 61 of the case diary that the petitioner has one criminal antecedent registered as Bhabua P.S. Case No. 41/19 for offence registered under Section 37(1) (2) under the Bihar Excise and Prohibition Amendment Act, 2018, and the same was concealed by the petitioner in the Court below as well as in this Hon’ble Court. Hence, the petitioner does not deserve to be enlarged on regular bail.
(Girijish Kumar, J)
dhaneshwar/- U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a case involving rape of a mentally retarded person.
Whether concealment of a prior criminal antecedent warrants rejection of bail.
2 provisions across 2 enactments
Rajesh S/o Late Mohan Ram
The State of Bihar
Girijish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
