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Patna High Court

Pashupatinath Gupta @ Pashupati KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioner, Pashupatinath Gupta, was arrested in connection with a case registered under sections 126(2) and 127(2) of the Bihar Penal Code for allegedly sodomising a four‑year‑old child. He has been in custody since 2 March 2026 and claims he is innocent, asserting a clean antecedent. The petitioner applied for bail, arguing false implication and lack of prior criminal record. The court examined the seriousness of the alleged offences involving a minor and the statutory provisions. Considering the gravity of the accusations, the court was not inclined to grant bail and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged child sexual assault under sections 126(2) and 127(2) of the Bihar Penal Code.

Subjects

  • bail
  • child sexual assault
  • sections 126
  • sections 127
  • Bihar Penal Code
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24250 of 2026
                    Arising Out of PS. Case No.-125 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Pashupatinath Gupta @ Pashupati Kumar S/O Parshuram Prasad @
                 Parshuram Gupta Resident of Village - Vijaypur, P.S- Vijaypur, District-
                 Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Khushbu Khatoon W/O Ajijur REhman R/O Vill.- Bagahi Bazar, P.S-
                 Kateya, Dist- Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Shubhangi Pandey
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Vijaypur P.S.Case No. 125 of 2025 registered for the offence

                   under sections 126(2) and 127(2) of BNS

                                3. The petitioner is alleged to have sodomised a child

                   of four years.

                                4. The petitioner is in custody since 2.3.2026.

                                5. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. The petitioner has clean antecedent.

                                6. Considering the serious allegations levelled against
          Patna High Court CR. MISC. No.24250 of 2026(2) dt.01-05-2026
                                                      2/2




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

                    petitioner.

                                  7. This application is dismissed.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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