Patna High Court

Sanjay Mishra @ Sanjay Kumar MishraversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court ordered the release of the petitioner on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sanjay Mishra, was accused of inappropriately touching the nine‑year‑old daughter of the informant, alleged to be an offence under Section 12 of the POCSO Act and Section 37 of the Bihar Prohibition and Excise Act, 2016. The victim recorded a statement under Section 183 of the Bihar law supporting the prosecution. The petitioner, a 59‑year‑old retired army personnel with no prior criminal record, claimed he was falsely implicated and had been in judicial custody since 7 January 2026. The informant’s counsel opposed bail, while the petitioner’s counsel argued innocence and the absence of antecedents. Considering the facts, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge, POCSO Act, Khagaria.

Issues considered

Whether regular bail can be granted in a case involving alleged offences under Section 12 of the POCSO Act and Section 37 of the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s age, lack of criminal antecedents, and claim of false implication justify bail despite the seriousness of the alleged child‑sexual‑abuse offence.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 37
Protection of Children from Sexual Offences (POCSO) Act — s. 12

Subjects

regular bail
POCSO Act
child sexual abuse
Section 12 POCSO
Section 37 Bihar Prohibition and Excise Act
judicial custody
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14591 of 2026
                         Arising Out of PS. Case No.-6 Year-2026 Thana- GOGRI District- Khagaria
                 ======================================================
                 Sanjay Mishra @ Sanjay Kumar Mishra S/o Shiv Shankar Mishra R/o Village
                 - Shirnia, P.S - Gogri, District - Khagaria

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    XXX S/o Shri Nandan Jha R/o Village - Shirnia, Ward No. 4, P.S - Gogri,
                 District - Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. N.K. Agrawal, Sr. Advocate
                                                   Mr.Amarnath Jha, Advocate
                                                   Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-04-2026                     Heard learned counsel for the petitioner, informant

                   and learned APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 12 of the

                   POCSO Act and Section 37 of the Bihar Prohibition and Excise

                   Act, 2016.

                                 3.     The case of the prosecution, in short, is that the

                   petitioner has inappropriately touched the minor daughter of the

                   informant, aged about 9 years. During the course of

                   investigation, the victim has recorded her statement under

                   Section 183 of the BNS, wherein she has supported the case of

                   the prosecution and has stated that she had gone to the shop of
            Patna High Court CR. MISC. No.14591 of 2026(3) dt.18-04-2026
                                                        2/2




                      the petitioner, where he inappropriately touched her.

                                   4. Learned counsel for the petitioner submits that the

                      petitioner is innocent and has falsely been implicated in

                      connection with the present case. It is further submitted that the

                      petitioner is about 59 years of age and is a retired army

                      personnel. It has further been submitted that there is a dispute

                      between the parties on certain issues, and the petitioner has been

                      falsely implicated in the present case. Moreover, the petitioner is

                      languishing in judicial custody since 07.01.2026 having no

                      criminal antecedent.

                                   5. Learned counsel for the informant has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Gogri P.S. Case No. 06. of 2026 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Judge , POCSO Act, Khagaria.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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