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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U


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