Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond, sureties and cooperation in the trial.
Summary
Amit Kumar was arrested in connection with a POCSO case alleging sexual assault of a 16‑year‑old girl. The prosecution alleged that the accused, including co‑accused Shiva Mandal, lured the victim to a river bank and forced her onto a boat. The petitioner contended he was not named in the FIR, was absent from the victim’s statement, and had no incriminating evidence against him, asserting his clean antecedents. The State and the informant opposed bail, citing the seriousness of the offences under Section 70(2) of the BNS and Sections 3 and 6 of the POCSO Act. After considering the facts, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail can be granted to an accused in a POCSO case involving offences under Section 70(2) of the BNS and Sections 3 and 6 of the POCSO Act.
- Whether the petitioner’s non‑inclusion in the FIR and victim’s statement warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 3, 6
Subjects
- regular bail
- POCSO
- child sexual abuse
- Section 70(2) BNS
- Sections 3 and 6 POCSO Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65997 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- GOPALPUR District- Bhagalpur
======================================================
Amit Kumar S/o- Late Kapuri Poddar Village- Gangalday PS-Kahalgaon
Dist- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sheela Devi W/o- Hare Ram Mandal Village- Naya Tola Gangalday PS-
Kahalgaon Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. R.S. Sahay, Advocate
Mr. Prerna Anand, Advocate
For the State : Mr. Upendra Kumar, APP
For the Informant : Mr. Swapnil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 04-02-2026 Learned counsel for the petitioner is permitted to
make necessary correction in address (district) of O.P. No. 2 in
course of day.
2. Heard learned counsel for the petitioner as well as
informant and learned APP for the State.
3. In this case, the petitioner is seeking regular bail
in connection with POCSO Case No. 96 of 2025 arising out of
Gopalpur P.S. Case No. 45 of 2025, registered for the offences
punishable under Sections 70(2) of the BNS and 3, 6 of the
POCSO Act.
4. As per the prosecution case, on 05.02.2025, the
Patna High Court CR. MISC. No.65997 of 2025(5) dt.04-02-2026
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16 years old informant’s daughter was enticed by co-accused,
Shiva Mandal and taken to a river bank. It is alleged that three
named accused along with two unknown accused, focibly took
the victim onto a boat where they established physical relation
with her.
5. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated in the present case. It has further been submitted that
the petitioner is not named in the FIR rather three other persons
are named in the FIR. The victim, in her statement under
Section 183 of the BNSS, 2023, though named other co-accused
persons but did not named this petitioner. There is nothing
against the petitioner in the confessional statement of co-
accused Rishi Kumar except that the petitioner was present at
the spot. The petitioner is a person of clean antecedent and is in
custody since 30.05.2025.
6. On the other hand, the learned counsel for the
informant as well as State has opposed the prayer for bail.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Exclusive
Patna High Court CR. MISC. No.65997 of 2025(5) dt.04-02-2026
3/3
Special Court of POCSO-cum-Additional Sessions Judge-VII,
Bhagalpur in connection with POCSO Case No. 96 of 2025
arising out of Gopalpur P.S. Case No. 45 of 2025, subject to the
condition 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)
priyanka/-
U T
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