Created by Fuzzy Cloud

Patna High Court

Kundan Kumar @ Kundan SharmaversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109, 115, 126(2), 3(5), 351(2), 352
  • POCSO Act — s. 4, 6

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.