Patna High Court
Rajesh @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, holding that there were no fresh grounds to review the earlier orders denying bail.
Summary
The petitioner, Rajesh Kumar, filed his fourth application for regular bail in a case registered under Sections 342, 366A, 376DA, 120, 34 of the Indian Penal Code and Section 4 of the POCSO Act. Earlier bail applications had been rejected on three separate occasions. The petitioner has been in custody since 13 October 2020, and all prosecution witnesses have already been examined, with the trial now awaiting the defence's arguments. The High Court examined whether there were any fresh grounds to revisit its earlier orders. Finding none, the Court concluded that the bail application could not be entertained. Consequently, the application for bail was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail at this stage of the trial despite prior rejections and the fact that all prosecution witnesses have been examined.
Legislation cited
- Indian Penal Code — s. 120, 34, 342, 366A, 376DA
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
Subjects
- regular bail
- criminal procedure
- IPC
- POCSO Act
- trial pending
- witness examination
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36808 of 2025
Arising Out of PS. Case No.-588 Year-2020 Thana- DANAPUR District- Patna
======================================================
Rajesh @ Rajesh Kumar S/o Dwarika Prasad @ Dwarika Singh R/o Mohalla-
Saguna, Gandhi Murti, P.S.- Danapur, Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. xxx Daughter of xxxx Resident of Niranpur, Post- Kataiya, P.S.- Bihiya,
District- Bhojpur. Currently residing at House of Seema Devi Asheyana
More, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 11-03-2026 Heard the parties.
2. This is the fourth attempt of the petitioner for grant
of regular bail in connection with Danapur P.S. Case No. 588 of
2020 registered for the offence under Sections 342, 366A,
376DA, 120 and 34 of the I.P.C. and Section 4 of POCSO Act.
3. Earlier the bail application of the has been rejected
thrice vide orders dated 25.05.2022, 19.07.2023 and 21.06.2024
passed in Cr. Misc. No. 6636/2022, Cr. Misc. No. 45840/2023
and Cr. Misc. No. 25267/2024 respectively.
4. The petitioner is in custody since 13.10.2020 and
all the witnesses have been examined and the case is pending
for defence argument.
Patna High Court CR. MISC. No.36808 of 2025(4) dt.11-03-2026
2/2
5. Considering the fact that all the witnesses have
been examined and the case is pending for defence argument,
this Court finds no ground to review its earlier order.
6. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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