Partly allowed¶7

Prakash Kumar Choudhary v. The State of Bihar

Patna HC14 May 2026CR. MISC./72119/2025

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.74503 of 2025 with No. 72119 of 2025, order dated 14-05-2026, Justice Sandeep Kumar. Bail granted to Shubham Kumar but refused to Prakash Kumar Choudhary in Bachwara P.S. Case No. 131 of 2025 (Begusarai) for rape under Sections 64, 3(5) BNS, Section 4 POCSO Act, Sections 3(i)(w), 3(2)(V) SC/ST Act; both in custody since 21.04.2025; bail bond Rs. 10,000/- with two sureties; observations limited to bail adjudication, no opinion on merits.

What did the court decide?

Bail granted to Shubham Kumar (CRIMINAL MISCELLANEOUS No. 74503 of 2025) on a bail bond of Rs. 10,000/- with two sureties of the like amount each; bail application of Prakash Kumar Choudhary (CRIMINAL MISCELLANEOUS No. 72119 of 2025) dismissed. ¶7

Prakash Kumar Choudhary Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether bail should be granted to petitioner Shubham Kumar in connection with Bachwara P.S. Case No. 131 of 2025. +1 more

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Court's answer

Bail application of Shubham Kumar allowed: considering the nature of allegation levelled against the petitioner and his period of custody, the Court granted bail.

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Ratio / Principle

Shubham Kumar to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below, in connection with Bachwara P.S. Case No. 131 of 2025.

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Key takeaways

Observations in the matter of Shubham Kumar are limited to the adjudication of the present bail application, shall not prejudice him at any subsequent stage of the trial, and the Court has not expressed any opinion on the merits.obiter¶8
Bail refused to Prakash Kumar Choudhary: considering the direct allegation levelled against the petitioner (the specific allegation of committing rape is against him), the Court was not inclined to grant bail.ratio¶13
Observations in the matter of Prakash Kumar Choudhary are limited to the adjudication of the present bail application, shall not prejudice him at any subsequent stage of the trial, and the Court has not expressed any opinion on the merits.

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), oral order dated 14-05-2026, disposed of two bail applications arising out of Bachwara P.S. Case No. 131 of 2025 (District Begusarai), registered under Sections 64, 3(5) BNS, Section 4 POCSO Act and Sections 3(i)(w), 3(2)(V) SC/ST Act, wherein the prosecution case was that the petitioners and other accused committed rape with the victim. In CRIMINAL MISCELLANEOUS No. 74503 of 2025, counsel for Shubham Kumar (in custody since 21.04.2025) submitted that the specific rape allegation was against co-accused Prakash Kumar Choudhary and the petitioner was only alleged to have been standing at the place of occurrence; considering the nature of allegation and the period of custody, the Court allowed the application and ordered release on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each. In CRIMINAL MISCELLANEOUS No. 72119 of 2025, since the specific/direct allegation of committing rape was against petitioner Prakash Kumar Choudhary (in custody since 21.04.2025), the Court declined bail and dismissed the application. In both matters the Court clarified that its observations were limited to the bail adjudication, would not prejudice the petitioners at trial, and expressed no opinion on the merits.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74503 of 2025

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Arising Out of PS. Case No.-131 Year-2025 Thana- BACHHWARA District- Begusarai

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

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Shubham Kumar @ Shubham Kumar Ishwar @ Abhay Kumar Son of Vijay Ishwar @ Vijay Kumar Ishwar R/o Village- Maranchi, PS- Bachwara, District- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Geeta Devi W/o Budhan Paswan R/o vill and Post - Bachhwara, ward no. 07, P.s.- Bachhwara, Distt.- Begusarai

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... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 72119 of 2025

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Arising Out of PS. Case No.-131 Year-2025 Thana- BACHHWARA District- Begusarai

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====================================================== Prakash Kumar Choudhary S/o Prem Choudhary R/o Village - Bachhwara, Ward No. 8, P.S - Bachhwara, District - Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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XXXX W/o YYYY R/o Village - Bachhwara, Ward No. 7, P.S - Bachhwara, District - Begusarai

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 74503 of 2025) For the Petitioner/s : Mr.Arun Kumar For the Opposite Party/s : Mr.Binay Krishna (In CRIMINAL MISCELLANEOUS No. 72119 of 2025) For the Petitioner/s : Mr.Rahul Singh For the Opposite Party/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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8 14-05-2026

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Re:-Criminal Miscellaneous No. 74503 of 2025

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Heard learned counsel for the petitioner and

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learned APP for the State.

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Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026 2/4

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The petitioner seeks bail in connection with Bachwara P.S. Case No. 131 of 2025 registered for the offence under Sections 64, 3(5) of the BNS, under Section 4 of the POCSO Act and under Section 3(i)(w), 3(2)(V) of the SC/ST Act

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As per the prosecution case, the petitioner and other accused person is said to have committed rape with the victim.

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The petitioner is in custody since 21.04.2025.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and the specific allegation of committing rape is against the co-accused Prakash Kumar Choudhary and the only allegation levelled against the petitioner is that he was standing at the place of occurrence.

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Considering the nature of allegation levelled against the petitioner and the period of custody of the petitioner, this application is allowed.

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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 concerned Court below in connection with Bachwara P.S.

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Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026 3/4

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Case No. 131 of 2025.

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It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case.

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Re:-Criminal Miscellaneous No. 72119 of 2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Bachwara P.S. Case No. 131 of 2025 registered for the offence under Sections 64, 3(5) of the BNS, under Section 4 of the POCSO Act and under Section 3(i)(w), 3(2)(V) of the SC/ST Act

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As per the prosecution case, the petitioner and other accused person is said to have committed rape with the victim.

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The petitioner is in custody since 21.04.2025 and the specific allegation of committing rape is against this petitioner.

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Considering the direct allegation levelled against the petitioner, this Court is not inclined to grant bail to

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Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026 4/4

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the petitioner.

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Accordingly, this application is dismissed.

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It is, however, clarified that the observations

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made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case.

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(Sandeep Kumar, J)

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Vikas/-

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Prakash Kumar Choudhary v. The State of Bihar

Case brief

What is this about?

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Prakash Kumar Choudhary v. The State of Bihar

Case brief

What is this about?

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