Patna High Court
Manish Kumar Pasi @ Manish Kumar @ Manish PasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to attendance conditions.
Summary
Manish Kumar Pasi was charged under Sections 65(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act for allegedly kidnapping and raping minor girls. The petitioner had earlier sought anticipatory bail, which was denied, and his appeal to the Supreme Court was dismissed. After surrendering, he argued that co‑accused in the same case had been acquitted due to lack of credible evidence and that the victims had turned hostile, while he had no prior criminal record. The court noted the acquittals, the hostile testimony, and the absence of antecedents, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to strict attendance conditions. The trial court was also directed to expedite the proceedings without unnecessary adjournments.
Issues considered
- Whether bail should be granted to an accused charged under serious provisions of the Bharatiya Nyaya Sanhita and the POCSO Act despite the nature of the allegations.
- Whether the earlier denial of anticipatory bail and the Supreme Court’s dismissal can be revisited in view of subsequent acquittals of co‑accused and hostile victim testimony.
- Whether the lack of credible evidence and the petitioner’s clean record justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 65(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- bail
- anticipatory bail
- POCSO Act
- kidnapping
- rape
- hostile witness
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12692 of 2026
Arising Out of PS. Case No.-257 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Manish Kumar Pasi @ Manish Kumar @ Manish Pasi S/O Shri Murari Pasi
Resident of Village- Isari, P.S- Ramgarh, District- Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raju Kumar S/O Chhilu Ram R/O Village- Ramgarh, P.S- Ramgarh, Distt.-
Kaimur (Bhabua).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No.13, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 65(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO
Act.
3. As per the prosecution case, the petitioner in
association of other co-accused is said to have forcibly taken the
victim girls in a tempo by making the daughter of the informant
unconscious and, subsequently, the accused persons had
committed rape with these girls.
4. It is submitted by learned counsel for the
petitioner that the petitioner had earlier approached this Court
Patna High Court CR. MISC. No.12692 of 2026(2) dt.18-02-2026
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for grant of anticipatory bail, which was rejected vide order
dated 16.07.2025 passed in Cr. Misc. No.82258 of 2024,
whereafter the Hon’ble Supreme Court also dismissed his
appeal on 07.11.2025. Thereafter, on 08.12.2025, the petitioner
surrendered in the present case. It is further submitted that the
petitioner and several others had been made accused in this case
and relying on the statements of one of the victim the name of
this petitioner has transpired in this case. However, it is pointed
out that two other co-accused persons of this case faced trial in
POCSO Case No.66/2024 and by the judgment dated
03.12.2025, they were acquitted on the ground that there was no
credible evidence on record which would suggest that the
accused persons had kidnapped any of the victim girls with
intention that victim girls would be forced or seduced to illicit
intercourse with anyone. Most of the victims including who has
taken the name of this petitioner, has not supported the case of
the prosecution at all and has been declared hostile. The
petitioner has no criminal antecedent and has been languishing
in custody since 08.12.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
Patna High Court CR. MISC. No.12692 of 2026(2) dt.18-02-2026
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circumstances of the case and also considering the fact that
other co-accused persons have been acquitted of the charges
after facing full fledged trial and the victims of the case have not
supported the case of the prosecution coupled with the fact that
the chargesheet has been submitted against the petitioner who
has no criminal antecedent, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees 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
POCSO Case No.66 of 2024, arising out of Ramgarh P.S. Case
No.257 of 2024, subject to the conditions that the petitioner
shall remain physically present in court on each and every date
during trial and in the event of failure on two consecutive dates
without sufficient reasons, his bail bonds shall be liable to be
cancelled by the learned court concerned. The learned Trial
Court is also directed to proceed with the case expeditiously
without granting any unnecessary adjournments.
(Soni Shrivastava, J)
Trivedi/-
U T
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