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Patna High Court

Bikash MishraversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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