Patna High Court

Ajit KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond and sureties, with conditions of cooperation in the trial.

Summary

The petitioner, Ajit Kumar, was arrested in connection with a case registered under Sections 126(2), 329(4), 77 of the BNS Act and Sections 8, 15, 18 of the POCSO Act, alleging that he entered the informant's house, touched the minor daughter and recorded a video. The petitioner pleaded innocence and sought regular bail, claiming false implication, while the informant opposed bail, citing the existence of the video clip and its hash value obtained by investigators. The court examined the seriousness of the offences, the evidentiary material, and the petitioner’s custody since June 2025. Considering the facts, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount, subject to the petitioner’s cooperation and availability for trial. The order directs the lower court to release the petitioner on bail upon compliance with the stipulated conditions.

Issues considered

Whether regular bail should be granted in a case involving offences under the BNS Act and the POCSO Act.
Whether the existence of a video recording and its hash value constitutes sufficient ground to deny bail.

Legislation cited

BNS Act — s. 126(2), 329(4), 77
Protection of Children from Sexual Offences (POCSO) Act — s. 15, 18, 8

Subjects

regular bail
POCSO
child sexual abuse
video evidence
hash value
BNS Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64668 of 2025
                   Arising Out of PS. Case No.-161 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Ajit Kumar S/O Mr. Subhash Singh R/O Village- Pawai, P.S.- Surajgarha,
                 District- Lakhisarai
                                                                      ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar Patna
           2.     Sanju Kumari W/O Sohan Singh R/O Village- Pawai, P.S.- Suryagarha,
                  District- Lakhisarai
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ajay Kr. Thakur, Adv.
                                                  Mr. Ritwik Thakur, Adv.
                                                  Ms. Vaishnavi Singh, Adv.
                 For the State           :        Mr.J.N. Thakur, APP
                 For the Informant       :        Mr. Binay Kumar, Adv.
                                                  Mr. Gaurav Prakash, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   21-01-2026                     Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Suryagarha P.S. Case No. 161 of 2025, registered for the

                   offences punishable under Sections 126(2), 329(4), 77 of the BNS

                   and Sections 8, 15, 18 of the POCSO Act.

                                3. According to the allegation, the petitioner, after

                   climbing the wall, entered the house of the informant, touched her

                   minor daughter and was making a video recording.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. When both were seen by the family members, the
           Patna High Court CR. MISC. No.64668 of 2025(5) dt.21-01-2026
                                                       2/2




                     present case was lodged. The petitioner has been in custody since

                     07.06.2025.

                                  5. On the other hand, the learned counsel for the

                     informant has opposed the prayer for bail and submitted that the

                     said video clip was detected and its hash value has been obtained

                     by the investigating authorities.

                                  6. The family members were there in the house when

                     the petitioner entered, disrobed the victim and was making a video

                     recording.

                                  7.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     District & Additional Sessions Judge-VI-cum-Special Judge,

                     POCSO at Lakhisarai/ Concerned Court in connection with

                     Suryagarha P.S. Case No. 161 of 2025, subject to the following

                     conditions 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)
Nirmal/-
U      T

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