Patna High Court
Pancha MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner.
Summary
Pancha Mahto was arrested in connection with a case registered under Section 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, alleging that he raped a three‑year‑old girl. He has been in custody since 19‑December‑2025 and applied for bail before the Patna High Court. The learned counsel for the petitioner and the State argued the bail application. Considering the grave nature of the alleged offences involving a minor, the Court was not inclined to grant bail. Consequently, the bail application was dismissed, with the Court clarifying that its observations are limited to this bail application and do not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged rape of a minor under Sections 65(2) of the BNS Act and Sections 4 and 6 of the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 65(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- child sexual abuse
- POCSO Act
- criminal procedure
- serious offence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20058 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- DEODHA District- Madhubani
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Pancha Mahto S/O Late Suba Lal Mahto R/O Vill- Khariyani Tol, Noniya
Chowk, Ward No. 13, P.S- Deodha, Distt- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X W/O Y R/O Malmal, Ward No. 15, P.S- Kaluahi, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Pallavi
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Deodha P.S. Case No. 150 of 2025 registered for the offence
under Sections 65(2) of the BNS and under Sections 4, 6 of the
POCSO Act.
3. As per the prosecution case, the petitioner is
said to have committed rape with a three year old victim. The
petitioner is in custody since 19.12.2025.
4. Considering the seriousness of the offence, this
Court is not inclined to grant bail to the petitioner.
5. Accordingly, this application is dismissed.
Patna High Court CR. MISC. No.20058 of 2026(2) dt.01-04-2026
2/2
6. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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