Patna High Court
Tulsi Rajbhar @ Tulsi RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was dismissed.
Summary
Tulsi Rajbhar was charged under Sections 70(1) and 324(4) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act in connection with POCSO Case No.127 of 2024. The petitioner sought bail for the second time after an earlier bail application was rejected on 25-06-2025. Counsel argued that the trial was nearing its conclusion and that only the medical doctor and investigating officer remained to be examined. The Court noted the seriousness of the offences and the advanced stage of the trial, and expressed no inclination to revisit its earlier order. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving serious offences under the B.N.S. Act and the POCSO Act when the trial is near conclusion.
Legislation cited
- Bihar Narcotic Substances Act — s. 324(4), 70(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- POCSO
- child sexual abuse
- criminal procedure
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1270 of 2026
Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA PS District- Buxar
======================================================
Tulsi Rajbhar @ Tulsi Rai Son of Late Kishun Rai R/V- Khatuali, P.S.-
Dumraon, Dist.- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vasantu @ Santlal Son of Late Prasidadhan @ Late Prasidhan R/V-
Jamgaon, P.S.- Kaithi, Dist.- Sonbhadra (U.P.)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Dimpal Kumari, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The defect(s) as pointed out by the Stamp Reporter
are ignored.
3. This is the second attempt on behalf of the petitioner
for grant of bail in connection with POCSO Case No.127 of
2024, arising out of Buxar Mahila P.S. Case No. 62 of 2024,
registered for the offence under Sections 70(1), 324(4) of B.N.S.
and 4,6 of POCSO Act.
4. Earlier the bail application of the petitioner has been
rejected vide order dated 25.06.2025 passed in Cr. Misc.
No.38710 of 2025.
Patna High Court CR. MISC. No.1270 of 2026(2) dt.09-02-2026
2/2
5. Learned counsel for the petitioner submits that the
trial is on the verge of conclusion and the Doctor and I.O. are
left to be examined.
6. Considering the gravity of the offence and the fact
that when the trial is on the verge of conclusion, I am not
inclined to review my earlier order.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
mdrashid/-
U T
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