Patna High Court
VIP Rai @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to a Rs 10,000 bond, two sureties, surrender within four weeks, and conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, three brothers from Songhatta village, filed an anticipatory bail application fearing arrest in a case (Gidha PS Case No. 157 of 2025) involving alleged offences under several sections of the Bihar Negotiable Statutes (B.N.S.) and Sections 4 and 6 of the POCSO Act. The prosecution alleges that the petitioners assisted co‑accused Jitendra Rai and Subhash Rai in fleeing after they allegedly committed forceful carnal intercourse with a minor boy and assaulted the informant. The petitioners contend they are innocent, that the only allegation is their failure to apprehend the co‑accused, and that the charge of assault is vague. The State opposes bail, citing a prior criminal antecedent of petitioners No. 1 and 2. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences under the B.N.S. and POCSO Act
- Whether the alleged assistance to the co‑accused and the alleged assault constitute sufficient ground to deny bail
- Whether the petitioners' prior criminal antecedent affects the grant of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the B.N.S. are appropriate for the bail order
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- sexual offences against minor
- bail conditions
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19573 of 2026
Arising Out of PS. Case No.-157 Year-2025 Thana- Geedha District- Bhojpur
======================================================
1. VIP Rai @ Mukesh Kumar, S/o Awadhesh Rai, R/o Village - Songhatta, P.S
- Koilwar (Gidha), District – Bhojpur
2. Ranjan Rai @ Ranjan Kumar, S/o Awadhesh Rai, R/o Village - Songhatta,
P.S - Koilwar (Gidha), District - Bhojpur
3. Pintu Rai, S/o Sudarshan Rai @ Sudarshan Yadav, R/o Village - Songhatta,
P.S - Koilwar (Gidha), District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY R/o Village - Songhata, P.S - Gidha, District - Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioners apprehending their arrest in connection
with Gidha P.S. Case No. 157 of 2025 instituted for the offence
punishable under Sections 191, 126(2), 115(2), 109, 118(2),
351(2), 352 of the B.N.S. and Sections 4 & 6 of the POCSO
Act.
3. The case of the prosecution in short is that the co-
villagers, namely Jitendra Rai and Subhash Rai were
committing forceful carnal intercourse with a minor boy. When
Patna High Court CR. MISC. No.19573 of 2026(2) dt.24-04-2026
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the informant attempted to rescue the victim, both the accused
persons started fleeing away. It is alleged that the petitioner
along with others has helped the miscreants in fleeing away and
that they have also assaulted.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioners has submitted that only
allegation against the petitioners is that they have not
apprehended the co-accused persons against whom there is
allegation of committing forceful carnal intercourse and there is
allegation of assault which is general and omnibus.
5. Learned APP for the Stated and learned counsel for
the informant have vehemently opposed the application for bail
and have submitted that petitioner nos.1 and 2 are having one
criminal antecedent.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail. The
petitioners are directed to surrender in the Court below within a
period of four weeks from today and in the event of their arrest
or surrender in connection with Gidha P.S. Case No. 157 of
Patna High Court CR. MISC. No.19573 of 2026(2) dt.24-04-2026
3/3
2025, they will be enlarged on bail on furnishing bail bond of
Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Court of POCSO Act-cum-District and Additional Sessions
Judge-VI, Bhojpur at Ara subject to the conditions as laid down
under section 482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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