Patna High Court
Sanjit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted in view of the seriousness of the alleged gang‑rape offences.
Summary
The petitioner, Sanjit Kumar, was arrested in May 2025 in connection with a gang rape case (Garkha PS Case No. 358/2025) involving a 17‑year‑old girl, alleged under Section 70(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act. He applied for regular bail, claiming he was falsely implicated, has a clean antecedent, and is willing to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed bail, emphasizing the seriousness of the alleged gang rape. The Patna High Court, after hearing both sides, considered the gravity of the offences and the risk to the victim and public interest. Consequently, the Court declined to grant bail and dismissed the petitioner's application.
Issues considered
- Whether bail should be granted to the accused in a gang‑rape case punishable under Section 70(2) of the B.N.S. and Sections 4/6 of the POCSO Act
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- gang rape
- POCSO Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59689 of 2025
Arising Out of PS. Case No.-358 Year-2025 Thana- GARKHA District- Saran
======================================================
Sanjit Kumar S/o- Jagdeo Singh @ Chandrama Singh @ Jagdeo Deo Village-
Pirauna Ps- Garkha Dist- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mushkan Kumari D/o- Amawash Mahto Village- Pirari Bintoli Ps- Derni
Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Garkha P.S. Case No. 358/2025 registered for the offences
punishable under Section 70(2) of B.N.S. and Sections 4/6 of
POCSO Act.
3. As per the prosecution case, petitioner along with
others is accused of committing gang rape with the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has clean antecedent and he is in
custody since 18.05.2025. The petitioner undertakes to co-
Patna High Court CR. MISC. No.59689 of 2025(4) dt.02-04-2026
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operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that he along with
other accused committed gang rape with a 17-year-old girl.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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