Patna High Court

Babulal SahniversusThe State of Bihar

Decided: 9 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court denied anticipatory bail to the petitioner.

Summary

Petitioner Babulal Sahni filed an anticipatory bail application fearing arrest in Mahila P.S. Case No. 51 of 2025, which alleged offences under Sections 65(1) and 351(2) of the BNS, Sections 4 and 6 of the POCSO Act, and Section 67B(ii) of the I.T. Act, including a charge of rape. The prosecution’s case was that the petitioner had committed rape. The Patna High Court, after hearing counsel, considered the seriousness of the allegations and the nature of the offences. It concluded that the gravity of the charges did not warrant the grant of anticipatory bail. Consequently, the court dismissed the anticipatory bail application and directed the petitioner to surrender before the lower court within four weeks to seek regular bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the alleged offences of rape and other serious charges under the BNS, POCSO Act and I.T. Act.

Legislation cited

BNS — s. 351(2), 65(1)
I.T. Act — s. 67B(ii)
POCSO Act — s. 4, 6

Subjects

anticipatory bail
rape
POCSO Act
I.T. Act
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73970 of 2025
                    Arising Out of PS. Case No.-51 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
                 Babulal Sahni S/o Late Sita Ram Sahni @ Sita Ram Sahani R/o Village-
                 Raghunathpur @ Raghunathpurbaya, P.S.- Paroo, District- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    X S/o Late Y R/o Village- Raghunathpur, P.S.- Paroo, District- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Yugal Kishore
                 For the Opposite Party/s :         Mr.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mahila P.S. Case No. 51 of 2025 registered for the offence

                   under Sections 65(1), 351(2) of BNS, under Sections 4, 6 of the

                   POCSO Act and under Section 67B (ii) of the I.T. Act.

                                    3. As per the prosecution case, the petitioner is

                   accused of committing rape with the victim.

                                    4. Considering the seriousness of the allegations

                   levelled against the petitioner, this Court is not inclined to grant

                   anticipatory bail to the petitioner.

                                     5.       Accordingly, this application for anticipatory

                   bail is dismissed.
          Patna High Court CR. MISC. No.73970 of 2025(3) dt.09-03-2026
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                                 6. The petitioner is directed to surrender in the Court

                    below within four weeks from today and pray for regular bail.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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