Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner, Sachin Kumar, was arrested on 25 November 2025 in connection with a case registered under Sections 65(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, alleging the rape of an eight‑year‑old girl. He applied for regular bail before the Patna High Court. The prosecution presented prima facie material indicating his involvement in the grave offence. Considering the seriousness of the allegations, the age of the victim and the nature of the offences, the Court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the Court noting that its observations were only prima facie and would not affect the trial’s merits.
Issues considered
- Whether regular bail can be granted to an accused charged with rape of a minor under the Bharatiya Nyaya Sanhita and the POCSO Act given the seriousness of the allegations and prima facie evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 65(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- rape
- minor
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20892 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Sachin Kumar S/o Phulgen Yadav @ Fulgen Yadav R/o Village- Barmotra,
P.S.- Ashok Paper Mill, Dist.- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Y R/o vill - Barmotra, P.s.- Ashok Paper Mill, Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh
For the Opposite Party/s : Ms. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
A.P.M. P.S. Case No. 200 of 2025 registered for the offence
under Sections 65(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 4 and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of committing rape upon a minor girl aged about eight
years.
4. The petitioner is in custody since 25.11.2025. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
Patna High Court CR. MISC. No.20892 of 2026(2) dt.02-04-2026
2/2
5. Considering the nature and gravity of the
allegations, the age of the victim, and the severity of the
offences alleged, this Court is not inclined to grant regular bail
to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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