Patna High Court
Bikash MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Bikash Mishra, was charged under Sections 115(2), 126(2) and 127(2) of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 6 of the POCSO Act for allegedly sodomising an eight‑year‑old boy, the grandson of the informant. He applied for regular bail, claiming innocence, asserting that the forensic report did not support the prosecution and noting that he has only one prior criminal antecedent. The State opposed the bail on the ground of the serious nature of the alleged offence. The Court examined the gravity of the allegations involving a minor and the lack of a compelling reason to grant bail. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted in a case of alleged sexual assault of a minor under the B.N.S. Act and the POCSO Act
- Whether the forensic report, if not supporting the prosecution, warrants bail
- Whether the petitioner’s prior criminal antecedent influences the bail decision
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 127(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- child sexual abuse
- POCSO
- B.N.S. Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26102 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Karnamepur District- Bhojpur
======================================================
Bikash Mishra S/o- Late Ras Bihary Mishra R/v- Parsounda Ps- Karnamepur
Dist-Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- YYY R/v- Ramdatahi P.S.- Karnamepur Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Karnamepur P.S. Case No. 89 of 2025, registered under Sections
115(2)/126(2)/127(2) of the B.N.S., 2023 along with section 4/6
of the POCSO Act.
3. The petitioner is accused of sodomizing the
grandson of the informant who is eight years boy.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that the chargesheet has been submitted against the
petitioner and the forensic report does not support the
prosecution case. The petitioner has one criminal antecedent and
he is in custody since 26.11.2025.
Patna High Court CR. MISC. No.26102 of 2026(2) dt.21-04-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for bail.
6. Considering the nature of allegation against the
petitioner, this bail application is dismissed.
7. The trial court is directed to expedite the trial at the
earliest and conclude the same at the earliest.
(Sandeep Kumar, J)
Ranjeet/-
U T
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