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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted to the petitioner in the present circumstances.

Summary

The petitioner, Rajesh Kumar, was arrested in connection with POCSO Case No. 62 of 2025, alleged to have assisted the main accused in kidnapping a child. He had been in custody since 12 January 2026. The petition sought bail, arguing that the main accused, Nardeo Kumar Sao, was the principal offender. The High Court considered the bail application and, noting the circumstances, allowed the petition. The court ordered his release on a bail bond of Rs. 10,000 with two sureties, while clarifying that this order is limited to bail and does not prejudice the trial merits.

Issues considered

  • Whether the petitioner is entitled to bail in a POCSO case involving alleged assistance to the main accused in kidnapping and sexual offences

Legislation cited

Subjects

  • bail
  • POCSO
  • child sexual abuse
  • kidnapping
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12271 of 2026
                       Arising Out of PS. Case No.-11 Year-2025 Thana- Mission District- Sheikhpura
                 ======================================================
                 Rajesh Kumar Son of Jittu Ram @ Jittu Lal Resident of Mohalla - Nasibchak,
                 Police Station - Barbigha, District - Sheikhpura.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    X Wife of Y Resident of Village - Nashibchal, Police Station - Mission,
                 District - Sheikhpura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bipin Kumar
                 For the Opposite Party/s :         Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner seeks bail in connection with

                   POCSO Case No. 62 of 2025 arising out of Mission P.S. Case

                   No. 11 of 2025 registered for the offence under Sections 65(1),

                   89 and 3(5) of the BNS and under Sections 4 and 6 of the

                   POCSO Act.

                                    3. As per the prosecution case, the petitioner is

                   said to have helped the main accused one Nardeo Kumar Sao,

                   who is said to have kidnapped the victim.

                                    4. The petitioner is in custody since 12.01.2026.

                                    5. Considering the facts of the case and the fact that
          Patna High Court CR. MISC. No.12271 of 2026(3) dt.27-04-2026
                                                      2/2




                    the main accused is one Nardeo Kumar Sao, this application is

                    allowed.

                                     6. 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 POCSO Case No.

                    62 of 2025 arising out of Mission P.S. Case No. 11 of 2025.

                                    7. 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.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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