Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Regular bail was granted as the victim’s statement did not specifically implicate the petitioner and a co‑accused had previously been released on bail in a similar matter.

Summary

The petitioner, Santosh Kumar, was charged with rape and related offences under Sections 376, 506, 34 of the IPC, several provisions of the SC/ST (Prevention of Atrocities) Act, and Sections 4, 6, 8, 10, 14 of the POCSO Act. He sought regular bail, claiming innocence and alleging that the victim’s statement under Section 164 of the CrPC did not identify him as an assailant. The petitioner also highlighted that a co‑accused, Mritunjay Pandey, had been granted bail in a similar case by a coordinate bench. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, considering the victim’s non‑identification of the petitioner, the precedent of bail to the co‑accused, and the circumstances of the case, ordered the release of the petitioner on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to an accused of rape and related offences under the IPC, SC/ST Act and POCSO Act.
Whether the victim’s statement under Section 164 of the CrPC, which does not identify the petitioner, is sufficient to deny bail.
Whether the grant of bail to a co‑accused in a similar case warrants bail to the petitioner.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 34, 376, 506
Protection of Children from Sexual Offences (POCSO) Act — s. 10, 14, 4, 6, 8
SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)(s)w(i)

Subjects

bail
rape
SC/ST Act
POCSO Act
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52919 of 2025
                    Arising Out of PS. Case No.-83 Year-2022 Thana- PATAHI District- East Champaran
                 ======================================================
                 Santosh Kumar S/o Chhabila Sah @ Chhabela Shah Village - Kodariya, P.S. -
                 Patahi, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar BIHAR
           2.    Khushi Kumari D/o Jitendra Das R/o Village - Khutauna, P.S. - Patahi, Dist.-
                 East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Kumar Paswan
                 For the Opposite Party/s :       Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                     Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 376 (DA), 506,

                   34 of the Indian Penal Code and Sections 3(i)(r)(s)w(i), 3(2)(v) of the

                   SC/ST Act and Section 4, 6, 8, 10, 14 of the POCSO Act.

                                3. The allegation against the petitioner is that he along

                   with    other     co-accused     persons      committed       rape    upon     the

                   informant/victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has falsely

                   been implicated in this case due to ulterior motive. As per statement

                   of the victim recorded under Section 164 of the Cr.P.C., which is
           Patna High Court CR. MISC. No.52919 of 2025(4) dt.08-01-2026
                                                       2/2




                     annexed with case diary, wherein victim raised that some unknown

                     persons committed wrongdoings with her but she did not identify that

                     the petitioner was one of them. It is further submitted that the

                     petitioner is languishing in judicial custody since 07.06.2025. He has

                     also submitted that on exactly similar footing, co-accused Mritunjay

                     Pandey has been granted regular bail by a coordinate Bench of this

                     Court vide order dated 16.05.2023 in Cr. Misc. No. 16532 of 2023.

                                  5. Learned APP appearing for the state has opposed the

                     prayer of regular bail.

                                  6.    Considering       the    above-mentioned   facts   and

                     circumstances as well as the fact that co-accused has been granted

                     bail, this court enlarge the petitioner on bail. The above named

                     petitioner is directed to be released on bail in connection with Patahi

                     P.S. Case No. 83 of 2022 on furnishing bail bond of Rs.10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned Additional District & Sessions Exclusive

                     Special Judge (POCSO and Rape Cases), East Champaran at

                     Motihari.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

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