Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted in view of the serious nature of the offences alleged.
Summary
Santosh Yadav, a 45‑year‑old resident of Araria, was arrested on 13 January 2026 in connection with a case registered under Section 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, alleging that he raped a seven‑year‑old girl. The petitioner filed a bail application before the Patna High Court, represented by Mr. Preeti Pundir. The State opposed the bail, emphasizing the gravity of the alleged sexual offence against a minor. The Court examined the seriousness of the charges, the nature of the alleged crime, and the fact that the petitioner had been in custody for several months. Concluding that the allegations were serious and warranted continued detention, the Court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused charged under Section 65(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act for alleged rape of a minor.
Legislation cited
- Bihar Narcotic Substances Act — s. 65(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- bail
- rape
- minor
- POCSO Act
- serious offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39813 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- BAUNSI District- Araria
======================================================
Santosh Yadav S/o Late Singhswar Yadav @ Baunu Yadav Resident of village
- Doriyare, Ward no.- 6, P.S- Bousi, District- Araria, Bihar- 854312
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. X W/o Sh. Pinku Yadav R/o - Doriyas, Ward No. 06, P.S - Bousi, District -
Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Preeti Pundir
For the Opposite Party/s : Mr.Rajendra Nath Jha
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bousi P.S. Case No. 7 of 2026 registered for the offence under
Section 65(2) of the BNS and under Section 4/6 of the POCSO
Act.
3. As per the prosecution case, the petitioner, who
is 45 years old, is accused of committing rape with a seven year
old girl.
4. The petitioner is in custody since 13.01.2026.
5. Considering the serious allegations levelled
against the petitioner, this Court is not inclined to grant bail to
Patna High Court CR. MISC. No.39813 of 2026(2) dt.23-06-2026
2/2
the petitioner.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
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