Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner Bhola Kumar was arrested in connection with a case registered under sections 96 and 3(5) of the Bihar Narcotic Substances Act and sections 8 and 12 of the POCSO Act, alleging that he, along with co‑accused, had entered from Nepal with a minor girl. The prosecution’s case is based on a report by an SSB officer who intercepted the accused. The petitioner contended that he is innocent, that the victim’s statement under Section 183 of the BNS did not name him, and that he has a clean antecedent. The State opposed bail. The court, after considering the facts, granted regular bail on a bond of Rs 10,000 with two sureties, subject to the condition of cooperation in trial and availability as required.
Issues considered
- Whether regular bail can be granted to the petitioner under the offences charged under the Bihar Narcotic Substances Act and the POCSO Act.
- Whether the petitioner’s alleged innocence, clean antecedent and lack of victim’s allegation justify bail.
- Whether the conditions imposed for bail are appropriate under the circumstances.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- regular bail
- POCSO Act
- Bihar Narcotic Substances Act
- criminal procedure
- victim statement
- surety
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57138 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- JHAROKHAR District- East Champaran
======================================================
Bhola Kumar S/o Bhikam Goswami @ Bhikham Gosai Resident of village -
Veerta Chowk, Bhagwanpur Kolwa, P.S.- Ghorasahan, Distt.- East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amar Singh, SSB, Boarder Check post, P.S.- Jharokhar, Dist.- East
Champaran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the State : Mr. J.N. Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Jharokhar P.S. Case No. 88 of 2025, registered for
the offences punishable under Sections 96, 3(5) of the BNS and
added Sections 8 and 12 of POCSO Act.
3. As per the prosecution case, on 14.06.2025, the
informant, who is SSB, Jharokhar Border Check Post, reported that
while on duty, he intercepted the FIR named accused persons,
entering from Nepal with the victim girl.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in the
present case. He has further submitted that the allegation of forciable
Patna High Court CR. MISC. No.57138 of 2025(3) dt.08-01-2026
2/2
marriage is against the co-accused Guddu Alam. There is nothing
against the petitioner to show his involvement in the present case.
The statement of the victim has been recorded under Section 183 of
the BNSS in which she did not make any allegation against the
petitioner. The petitioner is a person of clean antecedent and is in
custody since 16.06.2025.
5. On the other hand, learned APP for the State opposed
the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned 6th District and Additional
Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East
Champaran, Motihari, Bihar in connection with Jharokhar P.S. Case
No. 88 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as and
when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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