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Patna High Court

Mintu @ Mantu Rajbhar @ Raj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for bail was dismissed.

Summary

The petitioner, Mintu Rajbhar, was charged under Sections 70(1) and 324(4) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act in connection with a child sexual offence. He applied for bail for the second time after an earlier bail application was rejected on 25-06-2025. The petitioner’s counsel argued that the trial was nearing its conclusion and that only the doctor and investigating officer remained to be examined. The Court noted the seriousness of the offences, the fact that the trial was almost over, and expressed reluctance to revisit its earlier order. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case when the trial is nearing conclusion and the offences are grave
  • Whether the earlier order denying bail can be reviewed on a fresh application

Legislation cited

Subjects

  • bail
  • POCSO
  • child sexual abuse
  • gravity of offence
  • trial stage
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1651 of 2026
                       Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA PS District- Buxar
                 ======================================================
                 Mintu @ Mantu Rajbhar @ Raj Kumar Son of Late Tulsi Rajbhar R/o Village
                 - Khatauli, P.S. - Dumraon, Distt. - Buxar.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Vasantu @ Santlal Son of Late Prasidadhan @ Late Prasidhan R/V -
                 Jamgaon, P.S. - Kaithi, Dist. - Sonbhadra(U.P.).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Dimpal Kumari, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                             2. The defect(s) as pointed out by the Stamp Reporter

                   are ignored.

                             3. This is the second attempt on behalf of the petitioner

                   for grant of bail in connection with POCSO Case No.127 of

                   2024, arising out of Buxar Mahila P.S. Case No. 62 of 2024,

                   registered for the offence under Sections 70(1), 324(4) of B.N.S.

                   and 4,6 of POCSO Act.

                             4. Earlier the bail application of the petitioner has been

                   rejected vide order dated 25.06.2025 passed in Cr. Misc.

                   No.38710 of 2025.
             Patna High Court CR. MISC. No.1651 of 2026(2) dt.09-02-2026
                                                         2/2




                                 5. Learned counsel for the petitioner submits that the

                       trial is on the verge of conclusion and the Doctor and I.O. are

                       left to be examined.

                                 6. Considering the gravity of the offence and the fact

                       that when the trial is on the verge of conclusion, I am not

                       inclined to review my earlier order.

                                    7. Accordingly, the application stands dismissed.



                                                  (Sandeep Kumar, J)
mdrashid/-

U      T


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