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Patna High Court

Md. Sikandar RazaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner on condition of a bond and two sureties.

Summary

The petitioner, Md. Sikandar Raza, was charged under Section 97 of the Bihar Narcotic Substances Act and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly inappropriately touching the minor daughter of an informant, with identification made from CCTV footage and victim statements. The petitioner, who had been in custody since 14‑11‑2025 and had a clean antecedent, sought regular bail. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the evidence, noting that the allegation pertained solely to inappropriate touching and that the petitioner was merely a purchaser at the shop. Considering the circumstances, the Court granted bail, directing the petitioner to furnish a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge handling the POCSO case.

Issues considered

  • Whether regular bail should be granted to an accused charged under Section 8 of the POCSO Act and Section 97 of the Bihar Narcotic Substances Act.
  • Whether the nature of the alleged offence and the evidence (CCTV identification and victim statement) justify denial of bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • minor
  • CCTV evidence
  • regular bail
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4926 of 2026
                        Arising Out of PS. Case No.-528 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Md. Sikandar Raza Son of Md. Hasnain Raza Resident of Village - 5B,
                 Dariyapur, Koiery Tola, Bankipur, Police Station - Pirbahore, District - Patna.
                 At present Village - Kapadiya, Police Station - Batiya, District - Jamui.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX Wife of YYY R/v- Purani Bazar Gandhi Chowk, P.S.- Jhajha, Distt.-
                 Jamui

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar
                 For the Opposite Party/s :       Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   04-05-2026                  Heard learned counsel for the parties.

                                2 The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 97 of the BNS and

                   Section 8 of the POCSO Act.

                                3 The prosecution case, in short, is that the petitioner

                   has touched inappropriately the minor daughter of the

                   informant.

                                4 Learned counsel for the petitioner submits that

                   during the course of investigation, the petitioner was identified

                   from CCTV footage.             From perusal of the statement of the

                   victim, it is clear that she has stated that one person has

                   inappropriately touched her. One relation of the victim was also
           Patna High Court CR. MISC. No.4926 of 2026(4) dt.04-05-2026
                                                       2/2




                     with her who has also stated that the petitioner has

                     inappropriately touched the victim and he was identified in the

                     CCTV footage.           Learned counsel for the petitioner further

                     submits that the petitioner was merely a purchaser at the shop

                     and only allegation against him is that of inappropriately

                     touching the minor daughter of the informant. The petitioner is

                     in custody since 14.11.2025 having clean antecedent.

                                  5 Learned APP appearing for the State has

                     vehemently opposed the prayer for bail.

                                  6 Considering the aforesaid facts and circumstances

                     of the case, this Court is inclined to enlarge the petitioner on

                     bail. The above named petitioner is directed to be released on

                     bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Exclusive Special Judge (PCSO Act),

                     Jamui in Jhajha PS Case No 528 of 2025.



                                            (Ashok Kumar Pandey, J)
M.E.H./-

U


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