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Patna High Court

Manish Kumar Pasi @ Manish Kumar @ Manish PasiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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