Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the petitioner's application.
Summary
Abhishek Kumar was charged under Section 70(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act for allegedly providing a room for the gang‑rape of a 13‑year‑old girl. He has been in custody since 31 May 2025 and filed a second application for regular bail after an earlier bail plea was rejected. The prosecution contended that the petitioner’s role was instrumental in facilitating the sexual assault, and only four witnesses had been examined in the trial so far. The Patna High Court, relying on the seriousness of the allegations and the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), found no ground to overturn its earlier order. Consequently, the court dismissed the bail application, refusing to grant bail to the petitioner.
Issues considered
- Whether bail can be granted in a POCSO case involving alleged gang‑rape and provision of premises
- Whether the seriousness of the offence and the stage of trial justify denial of bail
- Whether the Supreme Court’s precedent in X v. State of Rajasthan is applicable to deny bail
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- POCSO
- gang rape
- serious offence
- trial stage
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42419 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Abhishek Kumar S/o Shravan Kumar R/o Village- Shivsthan Rajgir, P.S-
Rajgir, Dist- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX YY R/o.- Mohalla- Behind the Kailash Ashram Mandir, P.S- Rajgir,
Dist- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudish Kumar, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Rajgir P.S. Case No. 294 of
2025 registered for the offence under Section 70(2) of B.N.S.
and Section 4/6 of POCSO Act. Earlier the bail application of
the petitioner was rejected vide order dated 26.11.2025 passed
in Cr. Misc. No. 46828 of 2025 which reads as under:-
Heard the learned counsel for the
petitioner, learned counsel for the State and learned
counsel for the Informant.
2. The petitioner seeks bail in connection
with POCSO case No. 96 of 2025 / Rajgir P.S. Case
No. 294 of 2025 registered for the offence under
Sections 70(2) and under Sections 4,6 of the POCSO
Act.
Patna High Court CR. MISC. No.42419 of 2026(2) dt.09-07-2026
2/2
3. As per the prosecution case, gang rape of
a 13 year old girl has been committed and the
petitioner is said to have provided room for gang rape.
4. The petitioner is in custody since
31.05.2025.
5. Considering the serious allegations
levelled against the petitioner, this Court is not inclined
to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
3. It has been submitted by the learned counsel for
the petitioner that the trial is progressing and till now only four
witnesses have been examined.
4. Considering the aforesaid facts as well as in light of
the judgment of the Hon’ble Supreme Court in the case of X vs.
State of Rajasthan & Anr. reported as 2024 SCC OnLine SC
3539, this Court finds no ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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