Patna High Court
Nagendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to stringent conditions.
Summary
Nagendra Singh, a 75‑year‑old man, was arrested in connection with offences under Sections 126(2), 351(3), 76 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act, alleging an attempt to sexually assault the informant’s minor daughter. The petitioner pleaded that he was falsely implicated, had no prior criminal record, suffered serious age‑related ailments, and that the victim’s statement under Section 183 of the BNSS did not establish a physical relationship. The State and the informant opposed bail, citing the seriousness of the charges. The Court examined the victim’s statement, the petitioner’s age, health, and period of custody, and concluded that bail could be granted with strict conditions. Accordingly, the petitioner was released on bail of Rs.15,000 with two sureties, subject to appearance, non‑tampering with evidence, and family‑member surety requirements.
Issues considered
- Whether bail should be granted to an accused of offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the petitioner’s advanced age, health condition, lack of prior record, and the victim’s statement under Section 183 BNSS justify bail.
- What conditions, if any, are appropriate for granting bail in such a case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 183, 351(3), 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- sexual assault
- minor
- age and health considerations
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72053 of 2025
Arising Out of PS. Case No.-255 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Nagendra Singh S/o Late Halimat Singh R/o Village - Sabuli, P.S -
Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. X (Symbolic name of the informant / Mother of the Victim) W/o Sanjay
Singh R/o Village - Sabuli, P.S - Baikunthpur, District - Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
For the Informant : Mr. Krishnakant Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 13-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Baikunthpur P.S. Case No. 255 of 2024 instituted for the
offences under Sections 126(2), 351(3), 76 of the Bharatiya
Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.
3. Accusation against the petitioner is of trying to
sexually assault the informant’s minor daughter.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that upon perusal
of the statement of the victim recorded under Section 183 of the
Patna High Court CR. MISC. No.72053 of 2025(6) dt.13-01-2026
2/3
BNSS, it appears that this petitioner never established physical
relationship with the victim. He further contended that petitioner
is of very old age, i.e. 75 years and is suffering from serious old
age ailments. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 13.05.2025 and has no
criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, Section 183 BNSS statement of the victim as also
the period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Baikunthpur P.S.
Case No. 255 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.72053 of 2025(6) dt.13-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses or threatens the victim or her family members, in that
case, the prosecution will be at liberty to move for cancellation
of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…