Patna High Court
Rajesh GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rajesh Gupta was arrested in connection with a case registered under Sections 76, 64 and 62 of the Bihar Narcotic Substances Act (BNSS) and Sections 8 and 12 of the POCSO Act, alleging an indecent act on a minor. The incident was reported by the victim’s sister, who claimed to have seen a man attempting an indecent act and later escaping. The petitioner contended that he was falsely implicated due to village politics and that the victim’s statement under Section 183 of the BNSS did not support any misbehavior. The State opposed the bail application, while the petitioner’s counsel sought regular bail. The Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, thereby allowing the bail application.
Issues considered
- Whether regular bail should be granted to the accused in offences punishable under the BNSS and POCSO Act pending trial.
Legislation cited
- Bihar Narcotic Substances Act — s. 183, 62, 64, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- POCSO Act
- sexual offences
- regular bail
- high court
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14210 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Rajesh Gupta S/o Late Kailash Sah R/o Village- Biddi, PS- Chainpur,
District- kaimur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o vill - Mahurni, P.S.- Chainpur, Distt.- Kaimur, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiw Kumar Prabhakar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State. Although notices have been validly served
upon O.P. No. 2, there is no representation on his/her behalf.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chainpur P.S. Case No.
264 of 2025 registered for the offences punishable under
Sections 76, 64 and 62 of the B.N.S. and Section 8/12 of the
POCSO Act.
3. As per the prosecution case, on 23.05.2025, the
daughter of the informant (the victim) was returning home from
school. On her way, she noticed a man in a field allegedly
attempting to commit an indecent act with a young girl. Upon
noticing the victim girl, the said man allegedly tried to
Patna High Court CR. MISC. No.14210 of 2026(3) dt.20-04-2026
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apprehend her as well, however, she managed to escape. On
halla, nearby people gathered and apprehended the said person.
Subsequently, the apprehended individual was identified as the
petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case due to village politics. It has further been submitted
that the allegation is not supported by the statement of the
victim recorded under Section 183 of the BNSS, inasmuch as
she has stated that, although she found a man in a compromising
position with a girl, that person chased her, but she somehow
managed to escape and reach home. It has also been submitted
that no misbehavior, either in words or actions, was committed
against the victim girl by the petitioner, even if the allegation is
accepted to be true in light of the statement recorded under
Section 183 of the BNSS. It has next been submitted that no
occurrence as alleged has ever took place. Lastly, it has been
submitted that though the petitioner is accused in one criminal
antecedent but that case arises out of the same occurrence and
the petitioner is in custody since 28.05.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.14210 of 2026(3) dt.20-04-2026
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6. Considering the aforesaid submissions of the
parties, let the petitioner, above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Kaimur at Bhabua, in connection with
Chainpur P.S. Case No. 264 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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