Patna High Court
Aashish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner given the grave nature of the offences and the prima facie evidence against him.
Summary
The petitioner, Aashish Kumar, was charged under Sections 126(2), 115(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act for assaulting and committing a wrongful act on the victim. He has been in custody since 28 February 2026 and has one prior criminal record. The petitioner applied for regular bail, arguing that he should be released pending trial. The court examined the seriousness of the offences, the prima facie material against him, and his antecedent, and concluded that the nature and gravity of the charges warranted denial of bail. Consequently, the application for regular bail was dismissed, with the court noting that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in view of the seriousness of the offences under the Bharatiya Nyaya Sanhita and the POCSO Act
- Whether the presence of prima facie material and a prior criminal antecedent precludes the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- regular bail
- sexual offences
- assault
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39720 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- BARUN District- Aurangabad
======================================================
Aashish Kumar Son of Sudhir Bishwakarma Resident of Village- Keshavpur,
P.S.- Barun, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Son of Y Resident of Village- Keshavpur, P.S.- Barun, District-
Aurangabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Barun P.S. Case No. 86 of 2026 registered for the offence under
Sections 126(2), 115(2) and 64 of the Bharatiya Nyaya Sanhita,
2023 and Section 8 and 12 of the POCSO Act.
3. The prosecution case, in brief, is that the petitioner
is alleged to have assaulted the victim and thereafter pushed her
to the ground and committed a wrongful act upon her.
4. The petitioner is in custody since 28.02.2026 and
has one criminal antecedent. The allegations against the
petitioner are serious and grave in nature. There exists prima
Patna High Court CR. MISC. No.39720 of 2026(2) dt.22-06-2026
2/2
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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