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Patna High Court

Nagendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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