Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application is allowed, granting bail with a bond of Rs 10,000 and two sureties, subject to conditions.
Summary
Amarjeet Kumar was arrested in connection with a case of outraging the modesty of a victim under Sections 126(2), 115(2), 75 and 352 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. He has been in custody since 19 January 2025 and the trial has not yet commenced. The petitioner, through counsel, argued that the prolonged pre‑trial detention violated his right to liberty. The High Court considered the nature of the offences, the petitioner’s clean antecedents and the delay in trial, and decided to grant bail. The court ordered a bail bond of Rs 10,000 with two sureties, imposed conditions that the petitioner not remain in the jurisdiction of the Rupaspur Police Station and not tamper with evidence, and clarified that the order is limited to bail and does not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and POCSO Act.
- Whether the period of pre‑trial detention without trial warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 352, 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- pre‑trial detention
- sexual offences
- POCSO Act
- Bharatiya Nyaya Sanhita
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50643 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Amarjeet Kumar son of Late Naresh Mistri Village- Rupaspur, Ps- Rupaspur,
Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uchit Paswan son of Late Prakash Paswan Resident of Kiran Kunj, Ps-
Rupaspur, Dist- Patna P/A- Musapur, Ps- Barbigha, Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Chandra, Advocate
For the State : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rupaspur P.S. Case No. 46 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 75 and 352 of the
Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO
Act.
3. The SHO Of Rupaspur Police Station has appeared
pursuant to this order of this Court. The informant has been
produced by the Rupaspur Police Station as he was avoiding
Patna High Court CR. MISC. No.50643 of 2025(6) dt.08-04-2026
2/3
service of notice issued by this Court.
4. The petitioner is accused of outraging the modesty
of the victim.
5. The petitioner is in custody since 19.01.2025
having clean antecedent.
6. It has been submitted by learned counsel for the
petitioner that the trial has not proceeded.
7. Considering the period of custody and the fact that
the trial has not proceeded, this application is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge, 7th cum Special Judge, POCSO,
Patna/ concerned Court in connection with Rupaspur P.S. Case
No. 46 of 2025.
9. As a condition of the order, the petitioner will give
an undertaking in the Court below that he will not stay in the
jurisdiction of the Rupaspur Police Station and he will not
tamper with the evidence.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
Patna High Court CR. MISC. No.50643 of 2025(6) dt.08-04-2026
3/3
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…