Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Prashant Kumar, was arrested in connection with a case registered under multiple offences including assault, harassment and sections of the POCSO Act. He is alleged to have abused a minor victim and assaulted the victim's grandmother, causing only simple injuries. He has been in custody since 23 December 2025. The petitioner applied for bail, arguing that the nature of the injury was minor and the period of detention was lengthy. The High Court, after hearing counsel, granted bail on the condition of a Rs.10,000 bond with two sureties, noting that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the simple injury caused.
- Whether the period of custody and the seriousness of the charges warrant continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 323, 324, 341, 354, 354(C), 504, 506/34
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- criminal procedure
- assault
- harassment
- POCSO Act
- simple injury
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14708 of 2026
Arising Out of PS. Case No.-70 Year-2024 Thana- CHANDI District- Nalanda
======================================================
Prashant Kumar Son of Dilip Yadav Resident of Village - Kesaura, Police
Station - Chandi, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Y Resident of Village - Kesaura, Police Station - Chandi,
District - Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Sarita Kumari, Advocate
For the State : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chandi
P.S. Case No. 70 of 2024 registered for the offence punishable
under Sections 341, 323, 324, 354, 354(C), 504, 506/34 of the
Bharatiya Nyaya Sanhita to which later on Section 8/12 of the
POCSO Act was added.
3. The petitioner is accused of abusing the victim and
thereafter assaulting the grandmother of the victim. The injury
caused to the victim is simple in nature.
4. The petitioner is in custody since 23.12.2025.
5. Considering the period of custody and the simple
Patna High Court CR. MISC. No.14708 of 2026(3) dt.31-03-2026
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nature of injury, this application is allowed.
6. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
7th District Judge-cum-Special Judge, Bihar Sharif, Nalanda/
concerned Court in connection with Chandi P.S. Case No. 70 of
2024.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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