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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2580 of 2026

Arising Out of PS. Case No.-75 Year-2025 Thana- Gaura P.S. District- Saran

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Sumeer Kumar Das @ Samir Kumar Das Son of Chandrashekhar Das R/o

Village - Baropur, P.S.- Baniapur, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Anjani Parashar, Advocate

For the Opposite Party/s : Mr. Harendra Prasad, APP

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with

Gaura P.S. Case No. 75 of 2025 registered for the offences

under Sections 64, 318, 351 and 77 of the B.N.S.

3. As per the prosecution case, the allegation against

the petitioner is that he took undue advantage of the informant

and committed rape upon her about four years ago.

4. Learned counsel for the petitioner submits that

from the perusal of the original complaint, on the basis of which

the present F.I.R has been registered, it would appear that the

alleged date of occurrence is said to be January, 2022, whereas

the complaint was filed in the month of April, 2025. It has

further been submitted that the petitioner has falsely been

Patna High Court CR. MISC. No.2580 of 2026(2) dt.28-01-2026

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implicated in the present case merely because he has been

demanding return of the money which was given to the

informant during the COVID period. It has next been submitted

that the petitioner is a student and has been preparing for

competitive examinations and that the present allegation of

threatening to make the obscene video and photographs viral is

wholly concocted and nothing has come on record in course of

investigation in support thereof. It has also been submitted that

the petitioner is ready and willing to cooperate in the trial. It has

lastly been submitted that the petitioner carries clean antecedent.

5. Learned APP for the State has vehemently opposed

the prayer for anticipatory bail.

6. Considering the aforesaid submission, facts and

circumstances of the case, let the petitioner above named be

released on anticipatory bail, in the event of arrest or surrender

before the learned Court below within a period of four weeks

from today, on furnishing bail bonds of Rs.10,000/-(ten

thousand) with two sureties of the like amount each to the

satisfaction of the learned Court below where the case is

pending/successor court in connection with Gaura P.S. Case No.

75 of 2025 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure read with

Patna High Court CR. MISC. No.2580 of 2026(2) dt.28-01-2026

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corresponding Section 482(2) of B.N.S.S. as well as subject to

the following conditions:-

(i) One of the bailors of the petitioner shall be his

close relative.

(ii) The petitioner shall remain physically present

in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or

in violation of the terms of the bail, the bail bond of

the petitioner will be liable to be cancelled by the

Court concerned.

(iv) If the petitioner is found involved in similar

nature of offence in future, the prosecution shall be

at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the

criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has

concealed his criminal antecedent, the court below

shall take step for cancellation of bail bond of the

petitioner. However, the acceptance of bail bonds in

terms of the above-mentioned order shall not be

delayed for purpose of or in the name of

verification.

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7. Accordingly, the prayer for anticipatory bail is

allowed.

8. It is made clear that t