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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to bail bond and conditions.

Summary

Rohit Kumar applied for anticipatory bail fearing arrest in a case where he is accused, along with others, of abducting a minor girl, assaulting her, and uploading a video of the incident on social media. The prosecution alleges that the accused lured the girl, forced her, and disseminated the video, invoking charges under the Bihar Narcotic (B.N.S.) Act, POCSO Act, SC/ST Act, and the IT Act. The petitioner contended he is innocent, highlighted procedural lapses such as the investigating officer’s failure to obtain a Section 65 certificate and to verify the alleged video, and noted that a co-accused had already been granted bail. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond 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 petitioner despite serious charges under B.N.S., POCSO, SC/ST and IT Acts.
  • Whether the alleged procedural deficiencies in the investigation, including the lack of a Section 65 certificate and verification of the video, warrant bail.
  • Whether the existence of bail for a co-accused influences the decision on the petitioner's bail.

Legislation cited

Subjects

  • anticipatory bail
  • sexual assault
  • minor
  • video pornography
  • POCSO
  • SC/ST Act
  • procedural lapse
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19667 of 2026
                         Arising Out of PS. Case No.-140 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Rohit Kumar S/o- Late Chandra Mistri R/v- Godiyari Ps- Roh Dist- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX W/o- Surendra Paswan R/v- Godihar Ps- Roh Dist- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Allama Abdul Quadir Jamal Faridi, Adv
                 For the Opposite Party/s :       Mr. Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Roh P.S. Case No. 140 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 74, 76, 352, 351(2) and

                   3(5) of B.N.S. read with Sections 8 and 12 of POCSO Act,

                   Section 3(i)(r)(s) of SC/ST Act and Section 67 of I.T. Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others caught the minor daughter of the

                   informant while she had gone to ease herself in evening at

                   07.00P.M. and took her to a dark place. When the victim

                   attempted to rescue herself, she was being knocked down by the

                   accused persons. She was being teased. It is further alleged that
Patna High Court CR. MISC. No.19667 of 2026(2) dt.24-04-2026
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          this petitioner and one co-accused Chandan Kumar caught her

          when she tried to flee away from the place of occurrence and torn

          her nighty. It is further alleged that Vikrant Yadav started clicking

          video and all the three accused persons have uploaded the video

          on Facebook and Instagram on a fake I.D. in the name of Ahiran

          Sarkar.

                       4. Learned counsel appearing on behalf of the petitioner

          has submitted that petitioner is innocent and has committed no

          offence. He has been falsely implicated in this case. It has further

          been submitted that during course of investigation, the supervising

          authority has directed the I.O. to seize the mobile and also to

          obtain a certificate under Section 65 of the Indian Evidence Act

          but the same has not been done by the I.O. and from perusal of the

          entire case diary, it is clear that it has not been verified by the I.O.

          as to whether actually the video was made viral on the social

          media or not. During course of investigation, the victim has given

          her statement under Sections 180 and 183 of the B.N.S.S. In her

          statement under Section 180 of the B.N.S.S., she has stated that

          co-accused Chandan Kumar has uploaded her video whereas in

          her statement under Section 183 of the B.N.S.S., she has stated

          that all the accused persons have uploaded her video. Petitioner is

          having no criminal antecedent. Learned counsel has further

          submitted that other co-accused, namely, Chandan Kumar has
             Patna High Court CR. MISC. No.19667 of 2026(2) dt.24-04-2026
                                                         3/3




                       already been granted bail by this court vide Cr. Misc. No. 59471

                       of 2025.

                                    5. Be it as may be, during course of entire investigation

                       the I.O. has not ascertained whether actually video has been

                       uploaded or not.

                                    6. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    7. 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 petitioner on bail. The petitioner is

                       directed to surrender in the Court below within a period of four

                       weeks from today and in the event of his arrest or surrender in

                       connection with Roh P.S. Case No. 140 of 2025, he will be

                       enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Additional District and Sessions Judge-VI-

                       cum-Special Judge (POCSO Act), Nawada subject to the

                       conditions as laid down under section 482(2) of B.N.S.S.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T


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