Patna High Court

Guddu kumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted to the petitioner subject to a cash bond, sureties and conditions of cooperation and non‑tampering with witnesses.

Summary

Guddu Kumar was arrested in connection with alleged offences under Sections 74, 75 and 78 of the BNS Act and Sections 8 and 12 of the POCSO Act. The prosecution alleged two incidents: first, the petitioner photographed the informant’s daughter en route to a marriage, a matter settled by a panchayat; second, he entered the informant’s house at night, seized the daughter’s hand and fled when alarm was raised. The victim’s statement under Section 183 BNSS indicated she had been in regular contact with the petitioner for three months. The petitioner, in custody since 21‑11‑2024 with charges framed, applied for bail, arguing the prolonged detention was unwarranted. The court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of cooperation with the trial and prohibition against witness tampering.

Issues considered

Whether bail should be granted to an accused charged under Sections 74, 75, 78 of the BNS Act and Sections 8, 12 of the POCSO Act given the nature of the allegations and the period of pre‑trial detention.

Legislation cited

BNS — s. 183, 74, 75, 78
POCSO Act — s. 12, 8

Subjects

bail
POCSO Act
sexual offences
pre‑trial detention
witness tampering
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55410 of 2025
                      Arising Out of PS. Case No.-22 Year-2024 Thana- MAHILA P.S. District- Banka
                 ======================================================
                 Guddu kumar S/o Rajendra Rai Resident of village- Chuna khoti, P.S.-
                 Bandhua kurawan, District- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Suman Devi W/o Late Gajadhar Singh R/o vill - Chuna Kothi, P.S.-
                 Bandhua Kurawan, Distt.- Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md.Najmul Hodda, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-74, 75, 78 of BNS and

                   Section-8/12 of POCSO Act.

                                3. The occurrence took place in two episodes. In the

                   first episode, as per prosecution case, in course of going to

                   watch the marriage, in the way, the petitioner is alleged to have

                   snapped photograph of the informant’s daughter. A Panchayati

                   was convened and the matter went in rest. Later on, it is alleged

                   that at one night, the petitioner entered into house of the

                   informant and caught hold of hand of informant’s daughter and
Patna High Court CR. MISC. No.55410 of 2025(5) dt.12-01-2026
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          on alarm raised, the petitioner fled away.

                       4. It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 21-11-2024. Charges have

          been framed. In the statement recorded under Section 183

          BNSS, the victim herself has stated that she was in talking terms

          with the petitioner for three months.

                       5. On the other hand, learned APP has opposed the

          prayer for bail.

                       6. The petitioner is in custody for more than a year

          and the charges have been framed in the case.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioner named above, 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 Additional

          Sessions Judge-VI (Special Judge, POCSO), Banka in

          connection with Banka (Mahila) P.S. Case No. 22 of 2024 with

          the following conditions:

                       (i) The petitioner shall cooperate with the trial and

          make himself available on each and every date fixed by the

          court.

                       (ii) If it comes to the notice of the trial court that

          the petitioner is involved in tampering with the witnesses,
            Patna High Court CR. MISC. No.55410 of 2025(5) dt.12-01-2026
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                      the trial court may take appropriate steps.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T

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