Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions of cooperation and physical presence.

Summary

The petitioner, a teacher, was charged under Sections 74 and 75(2) of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act for alleged inappropriate conduct with a 14‑year‑old student. An interlocutory application for early hearing was filed and allowed. The petitioner then sought regular bail, contending that the victim was sleeping and that the case was improperly lodged. The court examined the prosecution’s case and the petitioner's submissions, and directed that bail be granted on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, physical presence in court, and verification of any other criminal antecedents. The bail was ordered to be released by the Special Judge (POCSO)‑Cum‑Additional Sessions Judge‑VIth, Nawada.

Issues considered

Whether the interlocutory application for early hearing should be allowed
Whether bail should be granted to the petitioner under the charges of Sections 74, 75(2) of BNS, 2023 and Sections 8, 12 of the POCSO Act

Legislation cited

Bihar Narcotic Substances Act — s. 74, 75(2)
Protection of Children from Sexual Offences Act — s. 12, 8

Subjects

bail
sexual offences
POCSO
BNS 2023
teacher
minor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70212 of 2025
                       Arising Out of PS. Case No.-759 Year-2025 Thana- NAWADA District- Nawada
                 ======================================================
                 Nitish Kumar S/o Ashlok Yadav R/o Village - Kusumbha, P.S - Sheikhpura,
                 District – Sheikhpura                                 ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     X D/o Bhushan Kumar R/o Village - Line Paar, Mirzapur, P.S - Town,
                  District – Nawada                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Durgesh Nandan
                 For the Opposite Party/s :       Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   05-01-2026                         Re:- I.A. No. 01 of 2025.

                                2. The present interlocutory application has been filed

                   for early hearing.

                                3.    Considering      the    grounds      mentioned       in     the

                   application, this interlocutory application is allowed.

    Later on                    4. The petitioner is seeking regular bail in connection

                   with Nawada Town P.S. Case No. 759 of 2025, registered for the

                   offences punishable under Sections 74, 75(2) of the BNS, 2023

                   and Sections 8 and 12 of the POCSO Act.

                                5. The prosecution case, in short is that on 15.07.2025,

                   the petitioner is a teacher at S.N. Classes, Mirzapur, allegedly

                   called a 14-year-old student to the rooftop and behaved

                   inappropriately, on the basis of which, the case was registered.

                                6. The learned counsel for the petitioner has submitted

                   that paragraph 14 of the case diary shows that the classmates of

                   the victim named therein have stated during their examination that

                   the victim was sleeping on the last bench of the class. The

                   petitioner, who was a teacher, warned her and as a result, this case
           Patna High Court CR. MISC. No.70212 of 2025(4) dt.05-01-2026
                                                       2/2




                     was lodged. He has further submitted that the investigating

                     authority had submitted final form but ignoring that the

                     cognizance has been taken.

                                  7.   Considering        the    above-mentioned   facts   and

                     circumstances, 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)-Cum- Additional Sessions Judge-VIth,

                     Nawada in connection with Nawada Town P.S. Case No. 759 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.

                                  8. The petitioner shall remain physically present in

                     the court below on each and every date till conclusion of the

                     trial.

                                  9. After accepting the bail bond, the criminal

                     antecedent of the petitioner shall be verified and if, it is found

                     that he is involved in any other case except the present one, his

                     bail bond shall be cancelled.


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T

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