Patna High Court
Chandresh Kumar @ Raja @ RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Chandresh Kumar, was charged under several sections of the BNS, 2023 and Sections 8 and 12 of the POCSO Act for allegedly harassing and attempting to molest minor girls. The prosecution alleged that he pasted obscene material with photographs of the victims and later attacked them, while the petitioner claimed innocence, citing a personal quarrel and a clean antecedent. The State opposed bail, emphasizing the victims' minor status and the seriousness of the POCSO charges. The court considered the petitioner’s clean record, the length of his pre‑trial detention of about one year, and the circumstances of the case. It granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and regular appearance before the court.
Issues considered
- Whether regular bail should be granted to an accused in a POCSO case involving minor victims
- Whether the petitioner’s clean antecedent and prolonged pre‑trial detention justify bail despite serious charges
Legislation cited
Subjects
- regular bail
- POCSO
- minor victims
- clean antecedent
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36984 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- SIGAUDI District- Patna
======================================================
Chandresh Kumar @ Raja @ Raj Son of Sanjay Saw @ Sanjay Kumar R/O
Village and P.O.- Jarkha, P.S.- Sigori, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Santosh Kumar S/O- Late Magar Mahto R/O Vill and P.O.- Jarkh, P.S.-
Sigori, District- Patna (801110)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baban Kumar, Adv.
For the State : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Sigori P.S. Case No. 4 of 2025,
corresponding to Spl. POCSO Case No. 21 of 2025, registered
for the offences punishable under Sections 115(2), 126(2), 76,
77, 3(5) of the BNS, 2023 and Sections 8, 12 of the POCSO
Act.
3. As per the prosecution case, the petitioner
mentally harassed the informant’s daughters for about a year by
pasting obscene writings along with their photographs at public
places. Two days prior to lodging of the FIR, he allegedly
Patna High Court CR. MISC. No.36984 of 2025(4) dt.05-01-2026
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attacked them with intent to molest, but they escaped. When the
informant protested, the petitioner’s brother threatened him with
pistol and another person assaulted him.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He is under custody for near about one year. His
further submission is that the sister of the petitioner and
daughters of the informant were friends. Some quarrel had taken
place between them, that is why, the petitioner and his family
members have falsely been implicated. The petitioner is a
person of clean antecedent. He has also submitted that charges
have been framed.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail by submitting that both the
victims are minor girls and the case has been registered under
the POCSO Act.
6. Considering the above-mentioned facts and
circumstances especially the clean antecedent and period of
incarceration, let the petitioner above-named be released on bail
on furnishing bail bonds of Rs.10,000/- with two sureties of the
like amount each to the satisfaction of learned Additional
District & Sessions Judge VII cum Spl. Court of POCSO, Patna
Patna High Court CR. MISC. No.36984 of 2025(4) dt.05-01-2026
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in connection with Sigori P.S. Case No. 4 of 2025,
corresponding to Spl. POCSO Case No. 21 of 2025, subject to
the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
7. The petitioner shall physically appear before the
learned court below on each and every date. In case of
failure on two consecutive dates, unless he is prevented by
extremely adverse circumstances, the learned court below
will be at liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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