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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail cannot be granted as the offence is heinous and prima facie material exists against the petitioner.

Summary

The petitioner, Ankit Kumar, was arrested in connection with a case registered under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act for allegedly sexually assaulting a five‑year‑old child. He applied for regular bail, claiming innocence, a clean antecedent, and that the case was fabricated due to a land dispute. The State opposed the bail, arguing that the allegations are serious and that prima facie material exists linking the petitioner to the offence. The Court examined the gravity of the alleged crime and the presence of prima facie evidence. Concluding that the offence is heinous and the material against the petitioner is sufficient, the Court refused to grant regular bail. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether regular bail can be granted to an accused of sexual assault of a minor under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.
  • Whether the existence of prima facie material justifies denial of bail in a heinous offence.

Legislation cited

Subjects

  • regular bail
  • sexual assault
  • minor
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • heinous crime
  • prima facie evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22159 of 2026
                       Arising Out of PS. Case No.-62 Year-2026 Thana- AMARPUR District- Banka
                 ======================================================
                 Ankit Kumar S/O Pritam Sah @ Pritam Kumar Sah Resident of Vill.-
                 Moglanichak, P.S Amarpur,Dist- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XX W/O YY Resident of Vill.- Maglanichak, P.S Amarpur,Dist- Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Amarpur P.S. Case No. 62 of 2026 registered for the offence

                   under Sections 65(2) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 4 of the POCSO Act.

                                3. The petitioner is a 30-year-old person who is said to

                   have sexually assaulted a five-year-old child.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 27.01.2026 and claims clean

                   antecedent. It is further submitted that the petitioner has falsely

                   been implicated in this case due to land dispute.
            Patna High Court CR. MISC. No.22159 of 2026(2) dt.09-04-2026
                                                        2/2




                                    5. Learned counsel for the State vehemently opposes

                      the bail application and submits that the allegations against the

                      petitioner are serious and grave in nature. It is contended that

                      there exists prima facie material against the petitioner indicating

                      his involvement in the commission of the offence.

                                    6. Considering the heinous crime committed by the

                      petitioner, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      rejected.

                                    8. 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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