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Patna High Court

Devnath KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Devnath Kumar, was charged under Sections 137, 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act in a case registered as Rajapakar P.S. Case No. 446 of 2024. He applied for regular bail after the charge was framed; an earlier bail application had been rejected on the ground of the seriousness of the offences. The petitioner had been in custody since 21‑11‑2024, had no prior criminal record, and only two of the five prosecution witnesses had been examined, with the victim already examined. The State opposed bail, but a trial‑stage report indicated that the trial could be concluded within four months. Considering the stage of the trial, the petitioner’s custody period, and the absence of antecedents, the Court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner given the nature of the offences under the Bharatiya Nyaya Sanhita and the POCSO Act
  • Whether the stage of trial and the length of custody justify the grant of bail

Legislation cited

Subjects

  • bail
  • regular bail
  • criminal procedure
  • POCSO Act
  • Bharatiya Nyaya Sanhita
  • trial stage
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.476 of 2026
                     Arising Out of PS. Case No.-446 Year-2024 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Devnath Kumar Son of Jaleshwar Ray Resident of Village- Bhalui, P.S.-
                 Rajapakar, District- Vaishali
                                                                     ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     X W/o Y Resident of Village- Pachai Mahesh, P.S.- Rajapakar, District-
                  Vaishali
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashi Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr.Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   03-04-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.         The petitioner seeks bail in connection with

                   Rajapakar P.S. Case No. 446 of 2024, instituted for the offence

                   under Sections 137, 96 and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 8/12 of the POCSO Act.

                                   3. Earlier vide order dated 25.06.2025 passed in Cr.

                   Misc. No. 13868 of 2025, regular bail of the petitioner was

                   rejected by this Court considering the nature of accusation and

                   the gravity of the offence, with direction to the trial Court to

                   expedite the trial and liberty was given to petitioner to renew his

                   prayer for regular bail after framing of charge, after evidence of

                   victim before the Court below.
Patna High Court CR. MISC. No.476 of 2026(4) dt.03-04-2026
                                            2/3




                          4. Learned counsel for the petitioner submits that

          the present one is the second attempt for grant of regular bail to

          the petitioner. It is mainly submitted that charge in this case is

          framed and till date only two witnesses have been examined. It

          has been submitted on behalf of the petitioner that the petitioner

          is in custody since 21.11.2024 and petitioner has no criminal

          antecedent. Learned counsel further submits that there is no

          likelihood of the trial being concluded in the near future.

                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                          6. In compliance of the order dated 09.02.2026, a

          report dated 17.03.2026 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that victim has been examined in this case. It is further

          reported that out of five witnesses, two prosecution witnesses

          have been examined. The trial is likely to be concluded in four

          months.

                          7.     Considering         the     aforesaid   facts   and

          circumstances of the case, period of custody of the petitioner

          and taking into account the observation given to the petitioner,

          this Court is inclined to grant bail to the petitioner.

                          8. Let the petitioner be released on bail on
           Patna High Court CR. MISC. No.476 of 2026(4) dt.03-04-2026
                                                       3/3




                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Rajapakar P.S.

                     Case No. 446 of 2024.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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