Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner upon furnishing a cash bond and two sureties.
Summary
Niraj Kumar applied for regular bail for offences under the Bharatiya Nyaya Sanhita, the POCSO Act and the Arms Act, alleging that he was falsely implicated in a sexual assault case. The trial court had earlier rejected his bail on the ground that he concealed a prior criminal case. The prosecution alleged that Kumar and his accomplices assaulted and sexually abused the informant's son, recording the act on video. Kumar contended that the FIR was lodged after an eight‑day delay, the victim showed no anal injury, and he had been in custody since December 2024. After hearing both sides, the High Court held that bail could be granted on condition of a cash bond and two sureties, and ordered his release.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges and alleged concealment of a prior criminal case
- Whether the delay in filing the FIR and lack of medical evidence of sexual injury affect the bail decision
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 303(3), 351(2), 352
- POCSO Act — s. 4, 6
Subjects
- bail
- sexual assault
- assault
- POCSO
- Bharatiya Nyaya Sanhita
- criminal antecedent
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69923 of 2025
Arising Out of PS. Case No.-253 Year-2024 Thana- CHARPOKHARI District- Bhojpur
======================================================
Niraj Kumar Son of Shatrughan Singh R/o Village - Barani, P.S.
-Charpokhari, Dist. - Bhojpur, Pin code - 802223.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Butan Sah Son of Sri Badhai Sah R/o Village - Barni, P.S. -Charpokhari,
Dist. - Bhojpur, Pin code - 802223.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Mishra, Adv.
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
For O.P. No. 2 : Mr. Neeraj Kumar, Adv.
Mr. Pawan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
5 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. This is second attempt for grant of regular bail
application to the petitioner.
3. Earlier, vide order dated 13.05.2025 passed in
Criminal Miscellaneous No. 8448 of 2025, the petitioner’s bail
application was rejected on the ground that he has concealed his
criminal antecedent stating that he has clean antecedent. But
learned A.P.P. as well as learned counsel for the informant
pointed out that the petitioner has one criminal case against him
bearing Charpokhari P.S. Case No. 230 of 2024 dated
20.10.2024 under Sections 126(2), 109, 115(2), 352, 351(2),
Patna High Court CR. MISC. No.69923 of 2025(5) dt.09-01-2026
2/3
303(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27
of the Arms Act and vehemently opposed the prayer for bail of
the petitioner.
4. The petitioner seeks bail in connection with
Charpokhari P.S. Case No. 253 of 2024 dated 12.11.2024
registered for the offence punishable under Sections 126(2),
115, 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 4/6 of POCSO Act.
5. The prosecution case, in short, is that on
04.11.2024 at about 09:00 am, the son of informant had gone to
attend the call of nature then, suddenly petitioner came and
snatched the key of his bike and started using abusive language.
It is further alleged that petitioner dragged the son of the
informant in the godown of PACS and called his friends. His
friends namely, Kanhaiya Kumar Pathak and Kundan Kumar
came over there, thereafter they stripped the informant’s son
naked and started assaulting him. When the son of the informant
protested, then petitioner made unnatural sex with him and
Kundan Kumar and Kanhaiya Kumar were making video. It is
also alleged that they inserted stick (danda) in the private part of
the son of informant.
6. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.69923 of 2025(5) dt.09-01-2026
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petitioner is innocent and has been falsely implicated in this
case. It is submitted that the F.I.R. has been lodged after delay
of 8 days of the occurrence without any plausible explanation. It
is further submitted that the alleged victim was examined by the
doctor, who did not find any anal injury. Lastly, it has been
submitted that the petitioner is in custody since 06.12.2024,
having one criminal case against him and charge-sheet has been
submitted in the case.
7. On the other hand learned A.P.P for the State as
well as learned counsel for opposite party no. 2 opposes the
prayer for bail of the petitioner.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M., Gaya in
connection with Charpokhari P.S. Case No. 253 of 2024.
(Khatim Reza, J)
prabhat/-
U T
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