Patna High Court
Shitanshu Kumar @ Teni KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Shitanshu Kumar, was arrested in connection with a case alleging that he restrained and assaulted the minor son and daughter of an informant at his shop. The prosecution alleged offences under multiple sections of the Bihar Narcotic Substances Act, the POCSO Act, the Child Labour Act and the Juvenile Justice Act. The petitioner’s counsel argued that he is innocent, that the victims’ injury reports show assault by unknown parties, and that the matter has been compromised, while also noting his prolonged pre‑trial detention since 13 January 2026. The State opposed the grant of regular bail, citing the seriousness of the charges. After hearing both sides, the High Court considered the facts and circumstances and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties, thereby disposing of the bail petition.
Issues considered
- Whether regular bail should be granted in a case involving offences under the Bihar Narcotic Substances Act, POCSO Act, Child Labour Act and Juvenile Justice Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 118, 126(2), 127(2), 137(2), 140(3), 3(5), 74
- Child Labour (Prohibition and Regulation) Act — s. 14(1)
- Juvenile Justice (Care and Protection of Children) Act — s. 79
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- regular bail
- POCSO
- child labour
- juvenile justice
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28307 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Shitanshu Kumar @ Teni Kumar S/o Sri Satish Kumar R/o Mohalla- Etwari
Bazar, P.S.- Bihar, Dist.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX W/o XXXX R/o vill - Sohsarai, Krishnanagar, P.S.- Sohsarai, Distt.-
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
127(2), 115(2), 109(1), 137(2), 140(3), 118, 74 and 3(5) of BNS,
Sections 8 and 12 of the POCSO Act and Section 14(1) of Child
Labour Act and Section 79 of Juvenile Justice Act.
3. The case of the prosecution is that the minor
daughter and son of the informant have gone to the shop of
Satish Kumar for work. They did not return for a considerable
moment, they were searched and a call was made on dial 112.
They came to know that the son and daughter both have been
Patna High Court CR. MISC. No.28307 of 2026(2) dt.05-05-2026
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sent to hospital and the informant went there. His son and his
daughter disclosed that they were being restrained in the house
of Satish, the father of this petitioner and were brutally
assaulted.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
injury report placed at Annexures-2 and 3, it is clear that both
the son and daughter of the informant had physical assault,
headache and body ache. It has further been submitted that due
to intervention of well-wishers, the parties have compromised
the case. Moreover, the petitioner is languishing in judicial
custody since 13.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bihar P.S. Case No. 21 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-
Patna High Court CR. MISC. No.28307 of 2026(2) dt.05-05-2026
3/3
IVth-cum-Exclusive Special Judge, POCSO, Bihar Sharif,
Nalanda.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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