Patna High Court
Gopal BindversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
Gopal Bind, the petitioner, was charged under Sections 98 and 99 of the Bihar Narcotic Substances Act and Section 8 of the POCSO Act for allegedly kidnapping a minor with the intent to sell her. The petitioner applied for bail, arguing that the case was at an advanced stage. The court noted that after the charge was framed on 30.01.2025, all seven charge‑sheet witnesses, including the victim, had already been examined. Considering the seriousness of the offence and the advanced stage of the trial, the court declined to grant bail. The bail petition was therefore rejected, and the trial was directed to be concluded within four months.
Issues considered
- Whether bail should be granted to the accused in a POCSO case at an advanced stage of trial
Legislation cited
Subjects
- bail
- POCSO
- kidnapping
- minor
- criminal procedure
- trial stage
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64978 of 2025
Arising Out of PS. Case No.-809 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Gopal Bind Son of Siyaram Bind Resident of village - Shahpur, P.S.-
Bhagwanpur, District - Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bhim Bind Son of Banshidhar Bind Resident of village - Sapanautiya, P.S.-
Sonhan, District - Kaimur at Bhabua.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey
For the Opposite Party/s : Md. Aslam Ansari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 98/99 of the B.N.S and
Section 8 of the POCSO Act.
3. Petitioner along with other accused persons are said
to have kidnapped the minor daughter of the informant with a
view to sell and for committing wrong.
4. By an order dated 19.12.2025, a report had been
called from the court concerned with regard to the stage of the
case which has been received and upon perusal of the same, it is
gathered that after framing of charge on 30.01.2025 all the
seven charge-sheet witnesses including the victim, who was not
Patna High Court CR. MISC. No.64978 of 2025(5) dt.13-02-2026
2/2
mentioned in the charge-sheet, have been examined.
5. In such view of the matter, considering the
advanced stage of the case, I am not inclined to enlarge the
petitioner on bail. Accordingly, his prayer for bail is rejected in
connection with POCSO P.S. Case No. 89 of 2024.
6. However, learned court below is directed to
proceed with the trial expeditiously and conclude the same
preferably within a period of four months.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…