Patna High Court
Santosh KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 with two sureties each.
Summary
The petitioners, Santosh Kumar and Janendra Kumar, were charged under Sections 126(2), 127(2), 62, 64(1), 76, 77, 352 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3/4, 8/12 of the POCSO Act for allegedly taking a minor to a secluded place with the intent to outrage her modesty. The petitioners contended that they were falsely implicated, highlighted a nine‑day delay in filing the FIR, and pointed out that a co‑accused had previously been granted bail and that they had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Court considered the delay, the lack of antecedents, and the precedent of bail to a co‑accused, and decided to enlarge the petitioners on bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount to the Special POCSO‑cum‑District Court in Bhagalpur.
Issues considered
- Whether bail should be granted to the accused under the offences charged under the Bihar Narcotic Substances Act and the POCSO Act.
- Whether the nine‑day delay in filing the FIR is a ground to deny bail.
- Whether the petitioners pose a flight risk or threat to the investigation warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 126(2), 127(2), 3(5), 352, 62, 64(1), 76, 77
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 3, 4, 8
Subjects
- bail
- POCSO
- outraging modesty
- minor
- criminal procedure
- delay in FIR
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11217 of 2026
Arising Out of PS. Case No.-150 Year-2024 Thana- Bypass District- Bhagalpur
======================================================
1. Santosh Kumar S/O Uday Kumar @ Uday Chandra Yadav R/O Vill.- Uttar
Tila Khutaha, P.S.- Bypass, Dist.- Bhagalpur.
2. Janendra Kumar @ Raman Raj S/O Kumar Yadav @ Kumar Parasad R/O
Vill.- Khutaha, P.S.- Bypass, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX S/O XXXXX R/O Vill.- Khutaha, P.S.- Bypass, Dist.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for the
petitioners and Mr. Murli Dhar, learned APP for the State.
2. The petitioners have prayed for bail in connection
with Bypass P.S. Case No. 150 of 2024 registered for the offence
punishable under Sections 126(2), 127(2), 77, 352 and 3(5) of
B.N.S. and Section ¾ of POCSO Act and chargesheet has been
submitted under Section 126(2), 127(2), 62, 64(1), 76, 77, 352 and
3(5) of the B.N.S., 2023 and Section 8/12 of the POCSO Act.
3. The case of the prosecution is that the petitioners
along with others took the minor daughter of the informant to a
secluded place with a purpose of outraging her modesty. It is
further alleged that the victim raised alarm due to which the
Patna High Court CR. MISC. No.11217 of 2026(3) dt.11-03-2026
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informant and others reached there and the accused persons fled
away.
4. Learned counsel appearing on behalf of the
petitioners have submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. There is only allegation that petitioners along with others
have attempted to outrage the modesty. It has also been submitted
that the occurrence is of 21.11.2024 and this case has been filed on
30.11.2024. There is delay of nine days in filing the case. It has
also been submitted that the delay has not been explained. He
further submits that similarly situated other co-accused namely,
Durgesh Kumar has been granted bail by this court vide Cr. Misc.
No. 69892 of 2025. Moreover, the petitioners are having no
criminal antecedent and they are languishing in judicial custody
since 26.11.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.11217 of 2026(3) dt.11-03-2026
3/3
Exclusive Special Court of POCSO-cum-District and Additional
Sessions Judge 6th, Bhagalpur in connection with Bypass P.S. Case
No. 150 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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