Patna High Court
SADAN KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Sadan Kumar, a school teacher, was arrested on 15 February 2026 and charged with sodomising a minor under sections 115(2), 351(2) and 126(2) of the Bihar Narcotic Substances Act, 2023 and sections 10, 12 and 4(1) of the POCSO Act. He applied for bail before the Patna High Court. The court examined the seriousness of the allegations, the nature of the offences involving a child, and the petitioner’s continued custody. Considering the gravity of the charges and the risk to the minor, the court was not inclined to grant bail. The bail application was therefore rejected, with the court noting that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual offences against a minor under the B.N.S., 2023 and the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 351(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 12, 4(1)
Subjects
- bail
- sexual offences
- minor
- POCSO Act
- B.N.S. 2023
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29336 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- BARBIGHA District- Sheikhpura
======================================================
Sadan Kumar S/O Bindeshwar Prasad Singh Resident Of Village - Samas
Khurd, P.S - Barbigha, District - Sheikhpura
... ... Petitioner
Versus
1. The State of Bihar
2. X S/O Y R/O Village- Khojaghachi, PO and PS- Barbigha, Distt-Sheikhpura
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Raushan Abhishek, Advocate
For the Opposite Party : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Barbigha P.S. Case No.32 of 2026 registered for the offence
under sections 115(2), 351(2) and 126(2) of the B.N.S., 2023
and under sections 10, 12, 4(1) of the POCSO Act.
3. The petitioner is a school teacher, who is
said to have sodomized a minor victim.
4. The petitioner is in custody since
15.02.2026.
5. Considering the seriousness of allegation
levelled against the petitioner, I am not inclined to grant him
Patna High Court CR. MISC. No.29336 of 2026(2) dt.11-05-2026
2/2
bail. Accordingly, this bail application is rejected.
6. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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