Patna High Court
HIMANSHU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the FIR does not specifically allege penetrative sexual assault against the petitioner and a similarly situated co‑accused was granted bail, the petitioner is entitled to bail.
Summary
The petitioner, Himanshu Kumar, was named in an FIR relating to a sexual assault case involving a 14‑year‑old victim, where the FIR specifically alleges that Prince Kumar, son of Chandra Kishore Singh, committed penetrative rape. The petitioner contended that no allegation of penetrative assault was made against him and that a similarly situated co‑accused, Prince Kumar (son of Pramod Kumar Mahto), had already been granted anticipatory bail. Relying on the FIR’s wording and the principle of judicial parity, the petitioner’s counsel sought bail. The Additional Public Prosecutor could not refute these submissions. The Court held that, in the absence of a specific charge of penetrative assault against the petitioner and considering the bail granted to the co‑accused, the petitioner was entitled to bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS. Consequently, the petitioner was released on bail.
Issues considered
- Whether the petitioner is liable for anticipatory bail when the FIR does not specifically allege penetrative sexual assault against him
- Whether parity with a similarly situated co‑accused who was granted bail warrants granting bail to the petitioner
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail in a POCSO‑related case
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 3(5), 482(2), 65(1)
- Code of Criminal Procedure (CrPC) — s. 438(2)
- Protection of Children from Sexual Offences Act (POCSO Act) — s. 4, 8
Subjects
- anticipatory bail
- sexual assault
- POCSO Act
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- judicial parity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4998 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Himanshu Kumar, S/o Devdhar Singh @ Devendar Mahto, R/o village-
Kamalpur, Pamanandpur, P.S.- Ballia @ Blliya, Distt.- Begusarai
... ... Petitioner
Versus
1. The State of Bihar
2. Informant/Victim, D/o Bhusan Mahto, R/o village - Kamalpur, P.S.- Ballia
@ Balliya, Dist.- Begusarai
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Ballia @ Balliya
P.S. Case No.44 of 2025 registered under Sections 65(1)
read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
B.N.S.’) as well as Section 4 and 8 of the Protection of
Children from Sexual Offences Act (in short ‘POCSO Act’).
3. As per FIR, the victim/informant aged about 14
years was called by one Shyam Kumar and Priyanshu Kumar
from her home whereafter, other co-accused persons came
Patna High Court CR. MISC. No.4998 of 2026(2) dt.13-02-2026
2/3
over there and while rest were standing outside, one amongst
them namely, Prince Kumar, son of Chandra Kishore Singh
after entering into the room committed penetrative sexual
assault/rape upon her.
4. It is submitted by learned counsel appearing for
petitioner that the allegation as to commit penetrative sexual
assault/rape is specifically available against Prince Kumar, son
of Chandra Kishore Singh and considering this aspect, one of
the learned co-ordinate Bench of this Court granted
anticipatory bail to another Prince Kumar, son of Pramod
Kumar Mahto, who was also alleged standing before the room
along with this petitioner. It is submitted that the case of this
petitioner is of similar footing to that of Prince Kumar, son of
Pramod Kumar and, therefore, as a matter of judicial parity,
this petitioner also deserves bail. It is submitted that this fact
can also be gathered from the face of FIR and also the
statement of victim as recorded under Section 183 of the
BNSS. The petitioner claimed clean antecedent.
5. Learned APP could not dispute the aforesaid
facts.
Patna High Court CR. MISC. No.4998 of 2026(2) dt.13-02-2026
3/3
6. In view of aforesaid factual submissions and by
taking note of fact as the allegation of committing penetrative
sexual assault/rape is not available against this petitioner
rather same is available against Prince Kumar, son of Chandra
Kishore Singh and further, the similarly situated co-accused
has also granted bail by one of the learned co-ordinate Bench
of this Court, as mentioned aforesaid, accordingly, the
petitioner, above-named, who is a man of clean antecedent,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge POCSO
Act, Begusarai in connection with Ballia @ Balliya P.S. Case
No.44 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…