Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner, subject to a monetary bond, sureties, and conditions of personal appearance and verification of any other criminal antecedents.
Summary
The petitioner, Vikram Kumar, applied for regular bail in a case where he was alleged to have molested a minor girl and circulated a video of the act, invoking sections of the Bihar Narcotic (BNS) Act, the POCSO Act, and the Information Technology Act. The petitioner claimed innocence and argued that co‑accused had already been granted bail in a similar case (Cr.Misc.No.46794 of 2025). He also disclosed that he was already on bail in a separate case (Konch P.S. Case No.70 of 2019) involving serious offences. The court examined the nature of the offences, the petitioner’s claim of similarity with the earlier bail order, and the need to verify any other criminal antecedents. Considering the circumstances, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of personal appearance and verification of other cases. The order also stipulated that bail would be denied if any other pending case (other than the present ones) is found against the petitioner.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 126(2), 115(2), 74 and 3(5) of the BNS Act, Sections 10 and 12 of the POCSO Act, and Sections 67 and 67(B) of the IT Act.
- Whether the bail granted to co‑accused in a similar case warrants granting bail to the petitioner on the same footing.
- Whether the petitioner’s pending case (Konch P.S. Case No.70 of 2019) affects the grant of bail.
Legislation cited
- Indian Penal Code — s. 354, 354(A), 504, 506
- Information Technology Act — s. 67, 67(B)
- POCSO Act — s. 12, 8
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 12
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r)(s)(w)(i)
Subjects
- regular bail
- POCSO
- sexual assault
- video pornography
- Information Technology Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49720 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- Panchanpur District- Gaya
======================================================
Vikram Kumar S/o- Dilip Prasad @ Dilip Bind Vill- Utrain PS- Konch Dist-
Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranju Kumari D/o- Kameshwar Prasad @ Kameshwar Bind Village-
Mohammadpur Ps- Panchanpur Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Ranjan
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 05-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of
the petitioner for the offences alleged under Sections 126(2),
115(2), 74 and 3(5) of the BNS, Sections 10 and 12 of the
POCSO Act and Sections 67 and 67(B) of the Information
Technology Act, registered in connection with Panchanpur
P.S.Case No. 84 of 2025.
3. As per allegation, the petitioner along with other
accused persons molested the victim girl when she was going to
attend the call of nature and also made the video viral.
4. The learned counsel for the petitioner has submitted
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that the petitioner is innocent and has falsely been implicated.
The petitioner has filed a supplementary affidavit, stating therein
that he has another case registered against him being Konch
P.S.Case No. 70 of 2019 under Sections 354, 354(A), 504 and
506 of the IPC, Section 3(i)(r)(s)(w)(i) of SC/ST Act and
Sections 8 and 12 of the POCSO act, in which he is on bail. It is
further submitted that other co-accused persons have been
granted bail in Cr.Misc.No. 46794 of 2025 by a coordinate
Bench of this Court under order dated 16.09.2025 and the case of
the petitioner is exactly on similar footing.
5. Considering the facts and circumstances of the case,
let the petitioner, above-named, be released on bail on furnishing
bail bond of Rs. 10,000/-(ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Special Judge,
POCSO/concerned court in connection with Panchanpur
P.S.Case No. 84 of 2025, subject to the following conditions:-
6. The petitioner shall cooperate in the disposal of
trial and shall remain present physically before the learned
court below on each and every date.
7. Before accepting the bail bond, the criminal
antecedents of the petitioner shall be verified by the court
below, and if it is found that the petitioner is involved in any
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other case, except the present ones, his bail bond shall not be
accepted.
(Nawneet Kumar Pandey, J)
HR/-
U T
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