Patna High Court

Raju KumarversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

The bail application is dismissed as it became infructuous following the issuance of the Section 82 process.

Summary

The petitioner, Raju Kumar, sought bail in connection with a Mahila Police Station case involving offences under Sections 65(I), 115(2), 126(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. The informant's counsel informed the court that a process under Section 82 of the Criminal Procedure Code had been issued on 16‑04‑2026, rendering the bail application moot. The petitioner's counsel did not contest this submission. The court held that because the Section 82 process had been initiated, the bail application became infructuous. Consequently, the bail application was dismissed.

Issues considered

Whether the bail application is maintainable after the issuance of a Section 82 Cr.P.C. process

Legislation cited

Bihar Narcotic Substances Act — s. 115(2), 126(2), 65(I)
Code of Criminal Procedure, 1973 — s. 82
Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6

Subjects

bail
Section 82
Criminal Procedure Code
POCSO Act
infructuous application
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23129 of 2026
                     Arising Out of PS. Case No.-165 Year-2025 Thana- MAHILA P.S. District- Nalanda
                 ======================================================
                 Raju Kumar S/O Satish Raut Resident of Village- Dawai Bigha, P.S.- Ben,
                 District- Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    XXX W/O YYY R/O P.S- Ben, Distt.- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Satish Chandra
                 For the Opposite Party/s :        Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   06-05-2026                     Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 165 of 2025, registered for the

                   offences punishable under Section 65(I), 115(2), 126(2) of BNS

                   and under Section 4/6 of POCSO Act.

                                3. It is informed by the learned counsel for the

                   informant that the process under Section 82 of the Cr.P.C. has

                   been issued on 16.04.2026 and hence the bail application has

                   now become infructuous.

                                4. The submission made by learned counsel for the

                   informant is not denied by the learned counsel for the petitioner.

                                5. In view of the fact that the process under Section 82
           Patna High Court CR. MISC. No.23129 of 2026(3) dt.06-05-2026
                                                       2/2




                     of the Cr.P.C. has been issued, the present bail application has

                     now become infructuous and accordingly, it is dismissed.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T

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