Patna High Court
Pashupati Nath Gupta @ Pashupati KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied and the application dismissed.
Summary
The petitioner, Pashupati Nath Gupta, applied for anticipatory bail fearing arrest in a case (PS Case No.125/2025) registered under sections 126(2) and 127(2) of the BNS for alleged molestation of a four‑year‑old child. He pleaded innocence, asserted a clean antecedent and claimed false implication. The learned counsel for the State opposed the bail, emphasizing the seriousness of the alleged offences. Justice Sandeep Kumar, after hearing both sides, declined to grant anticipatory bail, directing the petitioner to surrender within two weeks and seek regular bail, failing which the police would arrest him. The order was communicated to the Superintendent of Police, Gopalganj for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under sections 126(2) and 127(2) of the BNS in a child‑molestation case?
Legislation cited
- BNS — s. 126(2), 127(2)
Subjects
- anticipatory bail
- child molestation
- BNS
- sections 126(2)
- section 127(2)
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52330 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- VIJAYEPUR District- Gopalganj
======================================================
Pashupati Nath Gupta @ Pashupati Kumar S/o Parshuram Gupta @
Prashuram Prasad R/o vill - Vijaypur, P.S.- Vijaypur, Distt.- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushbu Khatoon W/o Ajijurahman R/o Bagahi Bazar, P.S.- Kateya, Distt.-
Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogendra Tiwari, Adv
For the Opposite Party/s : Mr.Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Vijaypur P.S.Case No. 125 of 2025 registered for the
offence under sections 126(2) and 127(2) of BNS
3. The petitioner is alleged to have sudomised a child
of four years.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner has clean antecedent.
5. Considering the allegation against the petitioner, I
am not inclined to grant privilege of anticipatory bail to the
Patna High Court CR. MISC. No.52330 of 2025(5) dt.20-02-2026
2/2
petitioner. This application is dismissed.
6. The petitioner is directed to surrender within two
weeks from today and prays for regular bail, failing which the
Superintendent of Police, Gopalganj will take all steps for arrest
of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Gopalganj through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
N.K/-
U T
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