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Patna High Court

Baban Gond @ Babban GondversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied the petitioner's application for regular bail.

Summary

The petitioner, Baban Gond, applied for regular bail in a case involving the alleged abduction, assault, and death of a six‑year‑old child. The FIR charges under the Bhartiya Nyay Sanhita, 2023 (sections 140(1), 103(1), 352, 351(2), 3(5)) and the POCSO Act, 2012 (sections 4 and 6) allege that the accused left the bleeding child at the informant’s door, leading to the child’s death. The petitioner contended he was falsely implicated, asserting an alibi that he was with the informant’s family at the time and has no prior criminal record. The State and the informant’s counsel highlighted the direct eyewitness claim and forensic evidence, including a blood‑stained bamboo stick recovered from the victim’s abdomen. After considering the seriousness of the offences, the investigation material, and the post‑mortem findings, the Court declined to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bhartiya Nyay Sanhita and the POCSO Act.
  • Whether the evidence, including eyewitness testimony and post‑mortem findings, sufficiently links the petitioner to the crime to justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • child death
  • unnatural offence
  • POCSO
  • Bhartiya Nyay Sanhita
  • serious offences
  • post‑mortem evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16503 of 2026
                     Arising Out of PS. Case No.-287 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Baban Gond @ Babban Gond, S/o- Jaynarayan Gond; R/o-Pipra; P.S-
                 Vijaypur; District-Gopalganj

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar & Anr.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepankar Raj, Advocate
                                                   Mr. Vijay Kumar Sah, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 For the Informant/s      :        Mr. Nityanand Mishra, Advocate
                                                   Ms. Diksha Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   08-07-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Vijayepur P.S.Case no.

                   287 of 2025 registered under sections 140(1), 103(1), 352,

                   351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and sections 4,

                   6 of POCSO Act, 2012.

                                 3. As per the prosecution case, the informant states

                   that his six year old nephew who had gone out did not return. At

                   about 10 pm he saw the four named accused persons including

                   the petitioner herein leaving him at the door of the house and

                   thereafter they ran away. The child was bleeding profusely on

                   the backside. It is stated that the accused persons had committed
Patna High Court CR. MISC. No.16503 of 2026(5) dt.08-07-2026
                                            2/3




          unnatural offence. In course of treatment, the child died on

          3.9.2025. The informant further states that the accused

          threatened of dire consequences if a case was filed.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has been falsely implicated in the

          case only for the reason that he happens to be the father of the

          coaccused Ankit Gond against whom the main allegations has

          been levelled. No material has transpired against the petitioner

          to connect him with the alleged crime. In fact, material has

          transpired which would show that the petitioner was with the

          family of the informant at the time of occurrence. The petitioner

          is in custody since 4.9.2025 and has no criminal antecedent.

                       5. The application for bail is opposed by learned APP

          for the State and learned counsel for the informant. Learned

          counsel for the informant submits that there is direct allegation

          against the petitioner who was seen along with other co-accused

          persons leaving the six year old child/victim at the door of the

          informant and running away. It is further submitted that it is a

          brutal case of unnatural offence committed with the minor child

          which has been supported from the contents of the postmortem

          report wherein a bloodstained bamboo stick was recovered from

          the abdomen of the victim.
          Patna High Court CR. MISC. No.16503 of 2026(5) dt.08-07-2026
                                                      3/3




                                 6. Having heard learned counsel for the parties and

                    taking into consideration the allegation against the petitioner in

                    the FIR, the material that has transpired in course of

                    investigation and especially the contents of the postmortem

                    report, the Court is not inclined to enlarge the petitioner on bail

                    and the application is rejected.


                                                                    (Partha Sarthy, J)

Bibhash/Amit

U     T


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