Patna High Court
Kaju Kumar @ Kaju ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act (BNS) — s. 11, 141, 143, 145, 296, 3(5), 79, 98
- Protection of Children from Sexual Offences Act (POCSO Act) — s. 13, 14
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.
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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
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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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