Created by Fuzzy Cloud

Patna High Court

Laxmi Prasad @ Vicky KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied to the petitioner.

Summary

The petitioner, Laxmi Prasad, was charged under Section 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act for kidnapping and sexually assaulting a five‑year‑old child. The child was recovered and the petitioner has been in custody since 4 August 2024. He applied for regular bail before the Patna High Court. The court examined the seriousness of the offences, the nature of the crime involving a minor, and the risk to society. Considering the gravity of the allegations, the court declined to grant bail. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to an accused of kidnapping and sexual assault of a minor under the Bharatiya Nyaya Sanhita and POCSO Act

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • minor
  • POCSO
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58492 of 2025
                  Arising Out of PS. Case No.-193 Year-2024 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Laxmi Prasad @ Vicky Kumar S/o Jawahar Sah @ Jawahar Prasad @ Jawahir
                 Sah R/o Village-Siswa Bajrang Chauk, P.S- Banjariya, District-East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Nagmati Devi W/o Bhola Thakur R/o Vill and Post- Siswa, P.S.- Banjariya,
                 Distt- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Ranjana Srivastava
                 For the Opposite Party/s :       Ms. Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   19-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Banjariya P.S. Case No. 193 of 2024 registered for the offence

                   under Sections 96 of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 8 of the POCSO Act.

                                3. According to the prosecution case, the petitioner is

                   accused of kidnapping a five-year-old minor child, misbehaving

                   with her, and committing sexual acts against her. The child has

                   been recovered from the petitioner. He is in custody since

                   04.08.2024.

                                4. Considering the nature and the gravity of the
            Patna High Court CR. MISC. No.58492 of 2025(3) dt.19-03-2026
                                                        2/2




                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    5. Accordingly, this application for regular bail stands

                      rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.