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Patna High Court

Vijay DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.

Summary

Vijay Dubey was arrested in connection with a case alleging sexual assault of a minor, the daughter of an informant, under Section 76 of the Bihar Narcotic Substances Act, Section 37 of the Bihar Prohibition and Excise Act, and Sections 8 and 12 of the POCSO Act. The petitioner sought bail, claiming innocence, a clean antecedent, and lack of eyewitnesses, while the prosecution opposed the bail on the basis of the serious nature of the allegations. The court noted the petitioner had been in custody since 17‑11‑2025, a charge sheet had been filed, and the petitioner’s antecedents were clean. Considering these factors and the provisions of Section 480(3) of the B.N.S.S., the court granted bail with a bond of Rs.10,000 and two sureties, imposing conditions such as a close relative as a bailor and mandatory court appearances. The bail order was subject to cancellation if conditions were breached.

Issues considered

  • What is the appropriateness of granting bail to an accused under the POCSO Act and related statutes given the seriousness of the alleged offences?
  • Whether the provisions of Section 480(3) of the Bihar Narcotic Substances Act justify bail with specific conditions in this case?

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual assault of minor
  • criminal procedure
  • Section 480(3)
  • Bihar Prohibition and Excise Act
  • clean antecedent

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31846 of 2026
                        Arising Out of PS. Case No.-1184 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Vijay Dubey S/o Late Girja Nand Dubey Resident of Village - Chitrakut
                 Nagar, Road no. 3, P.s. - Danapur, District - Patna.

                                                                                    ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar
           2.    XXX W/o YYY R/o Village and Mohalla - Shaguna More, Khagoul Road,
                 Balajee Apartment, P.S. - Danapur, Dist. - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Kamal Nayan, Advocate
                                                   Mr. Sudhanshu Trivedi, Advocate
                                                   Mr. Vivek Anand Amritish, Advocate
                 For the Opposite Party/s :        Mrs.Renu Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   01-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State. However, despite service of notice, there is

                   no representation on behalf of the informant/opposite party no.

                   2.

                                 02. In the present case, the petitioner seeks bail in

                   connection with Danapur P.S. Case No. 1184 of 2025 registered

                   for the alleged offences under Section 76 of BNS, Section 37 of

                   Bihar Prohibition and Excise Act and Section 8, 12 of POCSO

                   Act.

                                 03. As per prosecution case, the petitioner sexually

                   assaulted the minor daughter of the informant while working as
Patna High Court CR. MISC. No.31846 of 2026(3) dt.01-07-2026
                                            2/3




          a guard in the apartment.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The petitioner has been made accused due to personal

          grudge and dirty politics. There is no eye witness to the

          occurrence. Further, the prosecution story is not believable as

          neither the daughter of the informant nor any children have

          raised alarm as she has been playing in the parking area of the

          apartment. Learned counsel further submits that the petitioner is

          having clean antecedent. The petitioner is in custody since

          17.11.2025 and charge sheet has been submitted.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner. Learned APP submits that there is

          specific allegation against the petitioner for sexually assaulting

          the minor daughter of the informant.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation, period of custody of the petitioner, his clean

          antecedent and submission of charge sheet, the petitioner above

          named is directed to be released on bail on furnishing bail bonds

          of Rs. 10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned District & Additional
            Patna High Court CR. MISC. No.31846 of 2026(3) dt.01-07-2026
                                                        3/3




                      Sessions Judge-VII cum Exclusive Special Judge, POCSO,

                      Patna/concerned Court in connection with Special (POCSO Act)

                      Case No. 14 of 2026, arising out of Danapur P.S. Case No. 1184

                      of 2025, subject to the conditions mentioned in Section 480(3)

                      of B.N.S.S. and also the following conditions :

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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