Patna High Court
Baban Gond @ Babban GondversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 140(1), 3(5), 351(2), 352
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 4, 6
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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