Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail could not be granted as there were no fresh grounds to revisit the earlier denial.
Summary
Anil Kumar, a 23‑year‑old male, was charged under Section 65(1) of the Bihar Narcotic Substances Act, 2023 and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly raping the minor daughter of the informant. He applied for bail before the Patna High Court. The court noted that his earlier bail application had been rejected in Criminal Miscellaneous No. 52355 of 2025 and that no new material or fresh ground was presented to justify a change in the earlier order. Consequently, the court found no basis to grant bail. The bail petition was therefore dismissed, and the petitioner remained in custody pending trial.
Issues considered
- What is the appropriate basis for granting bail in a POCSO rape case involving a minor?
- Whether the petitioner has raised any fresh ground that warrants revisiting the earlier bail denial.
Legislation cited
Subjects
- bail
- POCSO
- rape of minor
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18594 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- BABURA District- Bhojpur
======================================================
Anil Kumar, aged about 23 years, Male, Son of Krishna Ray, Resident of
Village - Dhusariya, P.S. - Babura, District – Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXXX R/o Village - Ghusariya, P.S - Babura, District – Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
POCSO Case No. 78 of 2025 arising out of Babura P.S. Case
No. 20 of 2025 instituted for the offences punishable under
Sections 65(1) of the BNS, 2023 and Section 6 of the POCSO
Act.
3. As per allegation in the FIR, it is alleged that the
petitioner has committed rape upon the minor daughter of the
informant.
4. Earlier the prayer for bail of this petitioner was
rejected by this Court passed in Cr. Misc. No. 52355 of 2025
vide order dated 16.10.2025 and there is no fresh ground to
Patna High Court CR. MISC. No.18594 of 2026(3) dt.01-05-2026
2/2
reconsider the prayer for bail of this petitioner.
5. Accordingly, the prayer for bail of the petitioner is
again rejected.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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