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Patna High Court

Dinesh Kumar KushwahaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the trial had progressed and no fresh grounds were presented.

Summary

The petitioner, Dinesh Kumar Kushwaha, was charged under Sections 65(1), 64, 62, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act in a case involving alleged sexual offences. He applied for regular bail for the second time after an earlier bail denial. The court noted that eight of twelve prosecution witnesses had already been examined, indicating the trial was at an advanced stage. The State opposed bail, relying on a 2024 Supreme Court decision (X vs. State of Rajasthan) which cautioned against granting bail in serious offences once trial proceeds. The High Court found no fresh grounds for bail, rejected the petition, and directed the lower court to expedite the trial.

Issues considered

  • Whether bail can be granted at an advanced stage of trial for serious offences under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the petitioner has raised any new ground justifying bail after the earlier denial.

Legislation cited

Subjects

  • bail
  • POCSO
  • serious offences
  • trial stage
  • Bharatiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19564 of 2026
                  Arising Out of PS. Case No.-5 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Dinesh Kumar Kushwaha S/o Alha Prasad Kushwaha @ Alha Mahato R/o
                 Village - Kuwarpatti, P.S - Yogapatti, District - West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X (Imaginary name of the Victim) D/o Raja Pandit R/o - Enai, P.S -
                 Rivilganj, District - Chhapra, Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bimlesh Kumar Pandey, Advocate
                 For the State           :        Mr. Tarun Prasad Mandal, APP
                 For the Informant       :        Mr. Vikash Kumar Shukla, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   08-05-2026              Heard learned counsel for the petitioner and learned APP

                   for the State as also learned counsel for the informant.

                            2.      The petitioner seeks bail in connection with

                   POCSO Case No. 175/2025, arising out of Bettiah Mahila P.S.

                   Case No. 05/2025 registered for the offences under Sections

                   65(1), 64, 62 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Sections 4 and 6 of POCSO Act.

                            3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated      23.07.2025, passed in Cr. Misc. No. 22261 of 2025,

                   taking into account the nature of the accusation and the gravity
Patna High Court CR. MISC. No.19564 of 2026(4) dt.08-05-2026
                                            2/3




          of the offence.

                  4.      In compliance of the order dated 03.04.2026, a

          report dated 29.04.2026, with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that eight (8) out of twelve (12) prosecution witnesses

          have been examined in this case.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 05.02.2025

          without any rhymes or reason. Learned counsel for the

          petitioner submits that there is no likelihood of the trial being

          concluded in the near future, hence, petitioner may be enlarged

          on bail.

                  6.      Learned APP for the State opposes the prayer for

          grant of bail. Learned APP and learned counsel for the

          informant has further relied upon a decision of the Hon’ble

          Apex Court reported in 2024 SCC Online SC 3539 (X. vs. State

          of Rajasthan & Anr.), wherein in paragraph No.14, Hon’ble

          Apex Court has observed as under:

                                          “14. Ordinarily in serious offences
                                          like rape, murder, dacoity, etc., once
                                          the     trial        commences    and     the
                                          prosecution          starts   examining   its
                                          witnesses, the Court be it the Trial
                                          Court or the High Court should be
           Patna High Court CR. MISC. No.19564 of 2026(4) dt.08-05-2026
                                                       3/3




                                                     loath     in     entertaining   the   bail
                                                     application of the accused.”
                             7.      There is no new ground to consider the bail petition

                     of the petitioner. From the aforesaid report, it appears that the

                     trial is going on and is at an advance stage.

                             8.      In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously.




                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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