Patna High Court
Kunal Kumar @ Kunal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected.
Summary
The petitioner, Kunal Kumar, was charged under multiple sections of the Indian Penal Code—including rape, wrongful restraint, hurt, assault on a woman, insult, and intimidation—as well as sections 4 and 6 of the POCSO Act, for allegedly misbehaving with a 16‑year‑old girl and recording the incident. He applied for regular bail, claiming false implication and having been in custody since December 2022, while the trial court had already completed evidence and defence arguments and was awaiting prosecution arguments. The State opposed the bail, and the High Court noted that the trial was near its conclusion. Considering the seriousness of the allegations and the advanced stage of the trial, the Court refused to grant bail. It directed the trial court to finish the trial within four months of the order, without letting the bail order affect the pending trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving serious sexual offences under the IPC and POCSO Act.
- Whether the accused’s claim of false implication warrants bail despite the trial being near completion.
Legislation cited
- Indian Penal Code — s. 323, 341, 354(B), 376(DA), 504, 506
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- sexual offences
- IPC
- POCSO Act
- high court
- trial delay
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.504 of 2026
Arising Out of PS. Case No.-145 Year-2022 Thana- GOGRI District- Khagaria
======================================================
Kunal Kumar @ Kunal Kumar Yadav S/o Sudha Yadav R/o Village- Goshai
Shishbanni, Paura, P.S- Gogri (Paura), Dist- Khagaria, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Y R/o Village- Goshai Shishbanni, P.S- Gogri (Paura), Dist- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gogri (Paura) P.S. Case
no. 145 of 2022 registered under sections 376(DA), 341, 323,
354(B), 504 and 506 of the Indian Penal Code and sections 4
and 6 of the POCSO Act.
3. As per the prosecution case, the informant states
that the accused persons including the petitioner herein
misbehaved with his 16 years old minor daughter. They also
made a video of the occurrence and made the same viral. On
protest by the informant and others, it is stated that the
informant was abused and threatened that he would be beaten
up.
Patna High Court CR. MISC. No.504 of 2026(2) dt.15-01-2026
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4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated. No such
occurrence as alleged has taken place. It is further submitted
that the case has proceeded in the trial Court. After framing of
charge, evidence of both sides have been concluded and final
written argument on behalf of the petitioner has also been
submitted on 9.10.2025. The petitioner is in custody since
12.12.2022. Learned counsel submits that if the Court is not
inclined to enlarge the petitioner on bail, a reasonable time be
fixed for concluding the trial in the learned trial Court.
5. The application is opposed by learned A.P.P. for the
State.
6. It transpires from the order of the learned Court
below that after conclusion of the examination of the witnesses
on both the sides, argument on behalf of the defence has
concluded and the case is fixed for argument of the prosecution.
The order further observes that the trial is expected to conclude
in the near future.
7. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.
together with the trial having proceeded and neared its end, the Court
is not inclined to enlarge the petitioner on bail and the application is
Patna High Court CR. MISC. No.504 of 2026(2) dt.15-01-2026
3/3
rejected.
8. Learned trial Court is directed to conclude the trial
within a period of four months from the date of
receipt/communication of a copy of this order. It may be observed
here that none of the observations made herein shall be taken into
consideration by either of the sides in the trial pending in the learned
trial Court.
(Partha Sarthy, J)
Bibhash
U
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