Patna High Court

Abhishek Kumar @ Abhishek Singh @ Dora SinghversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Abhishek Kumar, was charged under Sections 126(2), 127(2), 64(2)(f) and 351(3) of the Bihar Penal Code in a POCSO case for alleged rape. The victim initially supported the allegation but later turned hostile, leading the petitioner’s counsel to claim false implication and seek regular bail. The State opposed the bail, citing the seriousness of the offence. The High Court, after considering the victim’s change of stance and the petitioner’s clean antecedent, allowed the bail application subject to a bond of Rs.10,000 with two sureties and conditions of cooperation in the trial. The order directs that non‑compliance will result in cancellation of bail.

Issues considered

Whether regular bail can be granted to an accused in a POCSO case where the victim has turned hostile
Whether the seriousness of the offences under Sections 126(2), 127(2), 64(2)(f) and 351(3) precludes bail

Subjects

bail
POCSO
rape
victim hostile
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3203 of 2026
                      Arising Out of PS. Case No.-426 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Abhishek Kumar @ Abhishek Singh @ Dora Singh S/O Gupa Singh @
                 Gupteshwar Singh Resident of Village- Laranpur, P.S.- Islampur, District-
                 Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX D/O Narendra Thakur R/O Village- Harsaini, P.O- Laranpur, P.S-
                 Islampur, Distt.- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Pd. Singh, Sr. Advocate
                                                  Mr.Surendra Kumar, Advocate
                 For the Opposite Party/s :       Ms.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for grant

                   of regular bail in connection POCSO Case No. 125 of 2024 read

                   with Islampur P.S. Case No. 426/2024 registered for the offence

                   under Sections 126(2), 127(2), 64(2)(f), 351(3) of B.N.S. Earlier

                   the bail application of the petitioner was rejected vide order

                   dated 16.10.2025 passed in Cr. Misc. No. 24841 of 2025.

                                 3. As per the prosecution case, petitioner is accused of

                   committing rape with the victim. In the statement recorded

                   under Section 183 of the B.N.S.S, the victim has supported the

                   allegation. Petitioner is in custody since 13.08.2024 and has

                   clean antecedent.
Patna High Court CR. MISC. No.3203 of 2026(2) dt.12-02-2026
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                       4. Learned Senior Counsel for the petitioner submits

          that petitioner has falsely been implicated in the present case.

          Learned Senior Counsel further submits that though earlier the

          prayer for bail was dismissed with liberty to the petitioner to

          renew his prayer for bail after examination of the victim.

          Learned Senior Counsel next submits that the victim has turned

          hostile and has not said anything against the petitioner. The

          petitioner undertakes to co-operate in the case/ trial.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the aforesaid facts, this application for

          regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, 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 the learned VIIth Additional Sessions Judge-cum-

          Special Judge, POCSO, Biharsharif, Nalanda/concerned Court

          below in connection with POCSO Case No. 125/2024 read with

          Islampur P.S. Case No. 426/2024 subject to the following

          conditions:-

                              (i) the petitioner after being released on bail is
                      directed to co-operate in the trial either by appearing
                      personally or through his lawyer in the Trial Court on
              Patna High Court CR. MISC. No.3203 of 2026(2) dt.12-02-2026
                                                          3/3




                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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