Patna High Court
Devnath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137, 3(5), 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
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
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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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