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Patna High Court

Banty KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Banty Kumar, was charged under multiple sections of the BNS and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act for allegedly entering a minor's house, touching her with evil intent and assaulting her with a stick. He had been in custody for eight months and claimed innocence, asserting that he was falsely implicated and has a clean antecedent record. The prosecution presented testimony of three witnesses, and a recall application by the defense was pending. The court considered the seriousness of the offences, the length of pre‑trial detention, and the petitioner's clean record, and decided to grant regular bail on a bond of Rs. 10,000 with two sureties, subject to conditions of appearance and cooperation. The bail order also empowered the court to cancel the bond if the petitioner fails to appear on two consecutive dates without valid cause.

Issues considered

  • Whether regular bail can be granted in a POCSO case involving multiple serious offences.
  • Whether the petitioner’s eight‑month pre‑trial custody and clean antecedents justify bail.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • regular bail
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66033 of 2025
                        Arising Out of PS. Case No.-257 Year-2025 Thana- RAHUI District- Nalanda
                 ======================================================
                 Banty Kumar S/O Putush Paswan R/O Village- Mandilpur, P.S- Rahui, Distt.-
                 Nalanda.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Khushi Kumari D/O Sanjay Kumar R/O Rahui Block Colony, P.S- Rahui,
                 Distt.- Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rabi Bhushan
                 For the State            :        Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   31-01-2026                           Heard the learned counsel for the parties.

                                        2. This is an application for regular bail on

                   behalf of the petitioner for the offences alleged under

                   Sections 126(2), 115(2), 329(4), 74, 76, 351 (3) and 352 of

                   the BNS, read with Sections 8 and 12 of the POCSO Act,

                   registered in connection with POCSO Case No. 78/2025,

                   arising out of Rahui P.S.Case No. 257/2025.

                                 3. According to allegation, while the victim was

                   cooking meal, the petitioner entered into her house and

                   started touching her body with an evil intention and also
Patna High Court CR. MISC. No.66033 of 2025(4) dt.31-01-2026
                                            2/3




          assaulted her with a stick. When the victim raised hue and

          cry, the petitioner ran away.

                       4. The learned counsel for the petitioner has

          submitted that the petitioner is innocent and has falsely been

          implicated. He has remained in custody for eight months.

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

          informant has submitted that three witnesses have been

          examined on behalf of the prosecution. A recall application

          has been filed on behalf of the defense which is pending.

                       6. The petitioner has remained in custody for eight

          months and bears clean antecedents.

                       7. Taking into consideration the above facts and

          circumstances, let the petitioner, above-named, be released

          on bail on furnishing bail bond of Rs. 10,000/-(ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned VIIth District Judge-cum-Special

          Judge, POCSO, Biharsharif, Naladna in connection with

          POCSO Case No. 78/2025 arising out of Rahui P.S.Case No.

          257/2025, subject to the condition that the petitioner shall

          cooperate in the disposal of trial and make himself

          available on each and every date in the court below and

          if he fails to appear on two consecutive dates, unless he is
           Patna High Court CR. MISC. No.66033 of 2025(4) dt.31-01-2026
                                                       3/3




                     prevented by extremely adverse circumstances, the court

                     below shall be at liberty to cancel his bail bond.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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