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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the second bail application.

Summary

The petitioner, Sunny Kumar, was charged with rape of the informant's daughter, alleged to have been caught in the act, and faced prosecution under Section 70(2) of the Bihar Narcotic Substances Act, several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences (POCSO) Act. He applied for regular bail for the first time, which was rejected on 17 September 2025, with the court noting the gravity of the offences and the fact that he had been in custody since 10 March 2025. The petitioner filed a second bail application, seeking a review of the earlier order. The learned judge examined the nature and seriousness of the allegations, including the sexual assault of a minor and the involvement of protected categories under the SC/ST Act. Concluding that the offences were grave and the petitioner was caught red‑handed, the court declined to review its earlier decision and dismissed the bail application.

Issues considered

  • Whether bail should be granted to a person accused of rape of a minor under the POCSO Act and offences under the SC/ST Act and B.N.S. Act.
  • Whether the earlier order denying bail can be reviewed on a second application.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO Act
  • SC/ST Act
  • serious offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33225 of 2026
                        Arising Out of PS. Case No.-258 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Sunny Kumar S/o Indal Ray @ Indar Ray Resident of village- Minapur
                 Jagdamba Asthan, PS- Nagar Hajipur, District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    xxx S/o yyy R/o vill - Minapur Jagdamba Asthan, P.S.- Nagar Hajipur,
                 Distt.- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Adv.
                 For the Opposite Party/s :        Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Hajipur Town P.S. Case No. 258 of 2025 and

                   POCSO G.R. No. 54 of 2025 registered for the offence under

                   Section 70(2) of the B.N.S. read with Sections 3(1)(r), 3(1)(s),

                   3(1)(w)(i), 3(2)(v) of the SC/ST Act and Sections 4, 6 & 8 of the

                   POCSO Act.

                                3. Earlier, the bail application of the petitioner was

                   rejected on 17.09.2025 in Cr. Misc. No. 63521 of 2025 which

                   reads as follows:-

                                                    “Heard learned counsel for the parties.
                                                    2. This application for grant of regular
            Patna High Court CR. MISC. No.33225 of 2026(2) dt.19-06-2026
                                                        2/2




                                              bail arises out of Hajipur Town P.S. Case
                                              No.258 of 2025 registered for the offence
                                              punishable under sections 70(2) of the B.N.S.,
                                              2023 and under sections 3(1)(r), 3(1)(s), 3(1)(w)
                                              (i),3(2)(v) of the S.C./S.T. Act and under section
                                              4/6/8 of the POCSO Act.
                                                      3. The petitioner is said to have
                                              committed rape with the daughter of the
                                              informant.
                                                      4. The petitioner was caught red handed
                                              while he was committing rape with the victim.
                                              He is in custody since 10.03.2025.
                                                      5. Considering the aforesaid facts and
                                              the gravity of offence, I am not inclined to grant
                                              bail to the petitioner. Accordingly, this bail
                                              application is rejected.”
                                   4. Considering the nature of allegation and gravity of

                      the offence, I am not inclined to review my earlier order.

                                   5. Accordingly, this application is dismissed.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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