Patna High Court
Vijay DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic Substances Act — s. 480(3), 76
- Bihar Prohibition and Excise Act — s. 37
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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
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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
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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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