Patna High Court
Krishna Bind @ Boby DeolversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Krishna Bind, was arrested in connection with a police case alleging harassment, threats, and assault under several sections of the Bihar Narcotic Substances Act and sections 8 and 12 of the POCSO Act. The prosecution’s informant claimed the petitioner threatened a girl and assaulted her father, leading to the FIR. The petitioner argued that the FIR was exaggerated, he had no prior criminal record, and he was a young individual, offering to give an undertaking not to harass the victim or possess a truck. The State opposed bail, citing the seriousness of the allegations. Considering the petitioner’s prolonged pre‑trial custody, lack of antecedents, and the undertaking offered, the Court inclined to grant bail with stringent conditions, including a bond, sureties, regular appearances before the trial court and police, and a prohibition on tampering with evidence or committing further offences. The bail order was conditioned on immediate cancellation if any violation occurred.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S and POCSO Acts
- Whether the petitioner’s lack of criminal antecedent and the duration of pre‑trial custody justify bail
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 76
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- POCSO
- criminal procedure
- pre‑trial detention
- harassment
- assault
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18607 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Krishna Bind @ Boby Deol S/o- Ganesh Bind @ Ganesh Prasad R/v- Bind
Toli Ps- Ara Town Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. ABC D/o- Rahul Bind R/v- Bind Toli Ps- Ara Town Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-05-2026 Heard Mr. Manoj Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is in custody in connection with
Arrah Town P.S. Case No. 60/2026 for the offence punishable
under sections 126(2), 115(2), 76, 352, 351(2), 351(3), 3(5) of
B.N.S and 8, 12 of POCSO Act.
3. As per the prosecution story, the informant alleged
that this petitioner used to harass her and on one day, threw a
piece of paper having his mobile number. When her mother tried
to counsel him, he threatened of dire consequence unless she is
married to him. Allegation is of the year 24.01.2026, along with
his friends, he assaulted the informant’s father. This led to the
FIR.
Patna High Court CR. MISC. No.18607 of 2026(3) dt.13-05-2026
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4. Learned counsel for the petitioner submits that an
exaggerated FIR is there, petitioner has no criminal antecedent,
is a young person, if granted relief, he shall be giving an
undertaking before the Court while executing the bail bond that
he shall not have any truck and/or shall harass the girl/family
members in any manner. Failure to do so, steps can be taken for
cancellation of his bail bond. The further submission is that
charges have been framed and is in custody since 26.01.2026.
5. In this case, the Co-ordinate Bench had issued
notice to the opposite party no. 2 but as per the office notes, she
refused to accept it. The same, as such, has been deemed to have
delivered.
6. Learned APP opposes the prayer for bail submitting
that he has harassed the girl a lot.
7. Allegation is grave against the petitioner and he
made the life of the victim miserable. However, considering the
fact that he has remained in custody since 26.01.2026, has no
criminal antecedent, is a young boy, an undertaking has been
given that he shall have no truck with the girl, charges have
been framed, in that background, this Court is inclined to extend
him the privilege of bail with conditions.
8. It is made clear that if in any manner, the petitioner
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or his family members and/or his friends come anyway near the
girl and/or his family members, State shall be taking immediate
steps for the cancellation of his bail bond.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Exclusive
Special Court POCSO cum D.J.S.J VI, Bhojpur at Ara in
connection with Arrah Town P.S. Case No. 60/2026 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay
Singh/Sanny Patel
U T
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