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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court inclined to grant bail to the petitioner, subject to bond and sureties.

Summary

The petitioner, Sumit Kumar, was arrested in connection with an alleged attempt to molest a 14‑year‑old girl, charged under multiple sections of the Bharatiya Nyay Sanhita and Sections 8 and 12 of the POCSO Act. He applied for bail, arguing that he is 18 years old, has been in custody since 10‑December‑2025, and has no prior criminal record. The State and the informant’s counsel opposed the bail. The court considered the petitioner’s age, the relatively short period of custody, and the absence of antecedents, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge POCSO, Nalanda. The court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether bail should be granted to an accused in an alleged attempted molestation of a minor under the POCSO Act and related sections of the Bharatiya Nyay Sanhita.

Legislation cited

Subjects

  • bail
  • attempted molestation
  • minor
  • POCSO Act
  • Bharatiya Nyay Sanhita
  • criminal procedure
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7216 of 2026
                       Arising Out of PS. Case No.-480 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Sumit Kumar S/O Sujeet Paswan @ Suchit Paswan R/O Vill.- Narsanda, P.S.-
                 Chandi, Dist.- Nalanda.
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar BIHAR
           2.     XXX W/O YYY R/O Vill.- Narsanda, P.S.- Chandi, Dist.- Nalanda.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ganesh Sharma, Adv.
                 For the Opposite Party/s :       Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

4   06-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Chandi

                   P.S. Case No. 480 of 2025 instituted for the offence under

                   Sections 126(2), (341 I.P.C), 115(2), (323 I.P.C), 74 (354 I.P.C),

                   352 (504 I.P.C), 351(2) (506 I.P.C), 3(5) (34 I.P.C) of Bharatiya

                   Nayay Sanhita and Section 8/12 of POCSO Act.

                                3. It is alleged in the F.I.R. that on 28.08.2025 at

                   02:00 A.M. the elder daughter of the informant aged about 14

                   years had gone out of the house to attend the call of nature. The

                   petitioner attempted to molest her.

                                4. Learned counsel for the petitioner submits that the

                   girl is aged about 14 years and the boy is aged about 18 years.

                   The petitioner is in custody since 10.12.2025 and has no

                   criminal antecedent.
           Patna High Court CR. MISC. No.7216 of 2026(4) dt.06-05-2026
                                                       2/2




                                  5. Learned A.P.P. for the State and learned counsel for

                     the informant have vehemently opposed the prayer for grant of

                     bail to the petitioner.

                                  6. Considering the age of boy, period of custody as

                     well as absence of criminal antecedent, this Court is inclined to

                     grant bail to the petitioner.

                                  7. Let the petitioner 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 learned District &

                     Additional Sessions Judge-VII-cum-Special Judge POCSO,

                     Nalanda, Biharsharif/concerned Court                in connection with

                     Chandi P.S. Case No. 480 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                       (Ansul, J)
abhishekkr/-

U      T


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