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Patna High Court

Kaju Kumar @ Kaju ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with specified conditions.

Summary

Kaju Kumar, a tent owner of the Pooja Orchestra, was arrested on 25 November 2025 in connection with a POCSO case (Mahila PS No. 93 of 2025) alleging offences under multiple sections of the Bihar Negotiable Instruments Act, the POCSO Act, the Juvenile Justice Act and the Bonded Labour Act. The petitioner contended that the FIR was false, that the informant was a police officer and thus no notice was required under the POCSO Act, and that he had no involvement in the alleged crimes. The State opposed bail, noting a prior case against the petitioner. The High Court, after hearing both sides, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses. The order also directed verification of the petitioner’s criminal antecedents but stipulated that bail should not be delayed for that purpose.

Issues considered

  • What is the appropriateness of granting bail to the accused in a POCSO case involving alleged offences under multiple statutes?
  • Does the fact that the informant is a police officer obviate the requirement of notice under the POCSO Act?
  • Should the petitioner’s prior criminal case affect the bail decision?

Legislation cited

Subjects

  • bail
  • POCSO
  • child sexual offence
  • criminal procedure
  • bail conditions
  • notice requirement
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5336 of 2026
                       Arising Out of PS. Case No.-93 Year-2025 Thana- MAHILA P.S. District- Saran
                 ======================================================
                 Kaju Kumar @ Kaju Manjhi S/O Satendra Manjhi R/O Village- Chandanpur,
                 Police Station- Khaira, District- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Khushboo Kumari At present Addl. S.H.O., P.S- Mahila P.S, Distt.- Saran,
                 Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                      Heard Mrs.Mili Kumari, learned counsel for the

                   petitioner and Mr.Ram Priya Sharan Singh, learned A.P.P. for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   25.11.2025 in connection with POCSO (Mahila) P.S. Case

                   No. 93 of 2025, arising out of Mahila P.S.Case No.93 of

                   2025, F.I.R. dated 24.11.2025 registered for the offence

                   punishable under Sections 79,11,141,143,145,98,296,3(5)of

                   BNS, Sections 13,14 of POCSO Act, Section 79 of J.J.Act

                   and Section 16 of Bonded Labour Act, 1976.

                                 3. According to prosecution case, two girls, namely,
Patna High Court CR. MISC. No.5336 of 2026(2) dt.28-01-2026
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          Anjali Mahto and Saniya Kumari, both aged 17 years

          alongwith Khushi Praveen were found in premises of Pooja

          Orchestra and Khushi Praveen disclosed name of the

          petitioner as operator of Pooja Orchestra.

                       4. Learned counsel appearing for the petitioner

          submits that the informant is police personnel so notice is not

          required under the POCSO Act. Further submits that the

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the

          FIR. The petitioner is Tent owner of the Orchestra Party and

          he has no concern at all with the allegation as alleged in the

          FIR. In fact the petitioner was present in the Pooja Orchestra

          and he has been taken into custody on 24.11.2025 itself and

          the girls were recovered from the place of occurrence and the

          girls have not stated anything about the petitioner and

          petitioner has no concern at all with the other co-accused

          persons and the petitioner is in custody since 25.11.2025.

                       5. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries one more case other

          than the present one, as mentioned in para-3 of the bail

          petition.
Patna High Court CR. MISC. No.5336 of 2026(2) dt.28-01-2026
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                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge, POCSO, Saran, Chapra in connection with POCSO

          (Mahila) P.S. Case No. 93 of 2025, arising out of Mahila

          P.S.Case No.93 of 2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed

          his criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned
               Patna High Court CR. MISC. No.5336 of 2026(2) dt.28-01-2026
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                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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