Patna High Court
Kundan Kumar @ Kundan SharmaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, ordering release on bond with conditions.
Summary
The petitioner, Kundan Kumar, was arrested in connection with a case registered under sections 126(2), 115, 109, 352, 351(2), 3(5) of the BNS and sections 4 and 6 of the POCSO Act, alleging sodomy of a victim. He had been in custody since 31 January 2025 and sought regular bail, while the State opposed the relief. The court noted that bail had already been granted to co‑ordinate accused in the same case and considered the length of custody. It allowed the bail application, directing the petitioner’s release on a cash bond of Rs.10,000 with two sureties, subject to cooperation in the trial and monthly attendance at the police station. Any default would lead to cancellation of the bail.
Issues considered
- Whether bail should be granted to an accused of offences under the BNS and POCSO Act involving sexual assault.
- Whether the period of custody and the nature of the offences justify the grant of regular bail.
Legislation cited
Subjects
- bail
- sexual assault
- POCSO
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6928 of 2026
Arising Out of PS. Case No.-253 Year-2024 Thana- CHARPOKHARI District- Bhojpur
======================================================
Kundan Kumar @ Kundan Sharma S/O Late Bhagwan Singh @ Bhagwan
Sharma R/O- Barni, P.S- Charpokhri, Distt- Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. XXX S/O YYY R/O- Barni, P.S- Charpokhri, Distt- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh, Adv
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail.
3. The petitioner seeks bail in connection with
Charpokhri P.S.Case No. 253 of 2024 registered for the offence
punishable under sections 126(2), 115, 109, 352, 351(2), 3(5) of
BNS and section 4 and 6 of POCSO Act.
4. The petitioner and others are accused of
sodomizing the victim. The main allegation is against Niraj
Kumar, who has been granted bail by a co-ordinate Bench of
this Court thereafter Nikhil Kumar has also been granted bail
by a co-ordinate Bench of this court. The petitioner is in
Patna High Court CR. MISC. No.6928 of 2026(2) dt.16-02-2026
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custody since 31.01.2025.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the period of custody, this application
is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below/concerned Court in connection with
Charpokhri P.S.Case No. 253 of 2024, subject to the condition
that the petitioner will co-operate in the trial.
9. The petitioner will also mark attendance in
Charpokhri Police Station on the first Sunday of each month,
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
N.K/-
U T
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