Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

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

Summary

Petitioner Ravi Kumar was arrested in a Special POCSO case for alleged involvement in offences under the Bihar Narcotic Substances Act and the POCSO Act, specifically for making a video and photographs of a minor girl after a co‑accused forcibly applied sindur on her. The petitioner claimed he was falsely implicated, had a clean record, and was not named in the victim’s statement, while the main co‑accused had already been granted bail by a coordinate bench. The State opposed bail, arguing the seriousness of the offences. The court considered the fact that the primary accused was on bail and that the petitioner’s alleged role was limited to recording the act. Accordingly, the court ordered regular bail on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation and availability for trial.

Issues considered

Whether regular bail should be granted to the petitioner in a POCSO case involving alleged participation in the recording of a sexual offence.
Whether the grant of bail to the co‑accused influences the bail decision for the petitioner.

Legislation cited

Bihar Narcotic Substances Act — s. 126(2), 127(2), 3(5), 74, 75, 78, 87
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

bail
POCSO
child sexual abuse
video evidence
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67145 of 2025
                       Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S. District- Saharsa
                 ======================================================
                 Ravi Kumar S/O Amrendra Swarnkar R/O Vill.- Jhapara Tola, Ward no. 39,
                 P.S. and Dist.- Saharsa

                                                                                     ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Amar Sharma S/O late Khusilal Sharma R/O Vill.- Jhapara Tola, Ward no.
                 44, P.S.- Saharsa Sadar, and Dist.- Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the State            :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   03-02-2026                      Heard learned counsel for the petitioner as well as

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Special POCSO Case No. 47 of 2025 arising out of Mahila

                   P.S. Case No. 8 of 2025, registered for the offences punishable

                   under 126(2), 127(2), 74, 75, 78, 87 and 3(5) of the BNS and

                   Sections 8 and 12 of the POCSO Act.

                                3. As per the prosecution case, while the informant’s

                   minor daughter was returning to home, the petitioner and one

                   co-accused person intercepted her and co-accused person,

                   Ashish Sharma forcibly put sindur on forehead of the

                   informant’s minor daughter and the petitioner prepared a video
Patna High Court CR. MISC. No.67145 of 2025(3) dt.03-02-2026
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          and took photographs of the said act.

                       4. The learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. He has further submitted that the main co-accused

          Ashish Sharma @ Ashish Kumar, with whom the victim has

          love and affection, has been granted bail by a co-ordinate Bench

          of this Court vide order dated 11.11.2025 passed in Cr. Misc.

          No. 66580 of 2025. The victim girl, in her statement recorded

          under Section 183 of the BNSS, has not leveled allegation

          against this petitioner. The petitioner is a person of clean

          antecedent and is in custody since 11.04.2025.

                       5. On the other hand, learned APP for the State

          opposed the prayer for bail of the petitioner.

                       6. Considering the above-mentioned facts and

          circumstances and the fact that main co-accused has been

          granted bail by a co-ordinate Bench of this Court and the

          allegation against the petitioner is only of making video of the

          rituals, 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 Special Judge, POCSO, Saharsa in connection with
             Patna High Court CR. MISC. No.67145 of 2025(3) dt.03-02-2026
                                                         3/3




                       Special POCSO Case No. 47 of 2025 arising out of Mahila P.S.

                       Case No. 8 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)

priyanka/-

U      T

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