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Patna High Court

Sanjit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          2/2




                        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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