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Patna High Court

Wakil RizwaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

Wakil Rizwani, a school teacher, was arrested on allegations of harassing and assaulting schoolgirls, including the informant's daughter, under several provisions of the B.N.S and the POCSO Act. He applied for bail, arguing that his strict classroom demeanor was misconstrued as harassment, that he has no prior criminal record, and that the charge sheet has already been filed, eliminating the need for further custodial interrogation. The State opposed the bail, while the second opposite party did not contest it, suggesting the matter stemmed from a misunderstanding. The court noted the submission of the charge sheet, the lack of opposition from the second party, and a precedent of anticipatory bail granted to a co‑accused in a similar case. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance in court and a relative as one bailor.

Issues considered

  • Whether bail should be granted to the accused under the provisions of the B.N.S and POCSO Act after the charge sheet has been filed.
  • Whether the opposition of the State and the lack of opposition by the second opposite party affect the bail decision.
  • Whether the precedent of anticipatory bail granted to a co‑accused is applicable.

Legislation cited

  • B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 75
  • POCSO Act — s. 10, 12

Subjects

  • bail
  • POCSO
  • sexual harassment
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74131 of 2025
                  Arising Out of PS. Case No.-91 Year-2025 Thana- SANICHARI District- West Champaran
                 ======================================================
                 Wakil Rizwani S/o- Habul Miya @ Habib Miya Resident of Village-
                 Bintoliya PS- Shanichari, Dist- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kalpana Devi W/o- Manoj Wine R/v- Bangali Colony Ps- Sanichari Dist-
                 West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   11-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel appearing for the Opposite

                   Party No.2.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 126 (2), 115 (2), 75, 352, 351

                   (2)/ 351 (3) and 3 (5) of B.N.S and Sections 10 and 12 of

                   POCSO Act.

                                3. As per the prosecution case, there are allegations

                   against the petitioner and another that they harassed the

                   informant’s daughter and other girls of the school, used obscene

                   language towards them, and physically assaulted them.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74131 of 2025(4) dt.11-02-2026
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          petitioner is a school teacher and since he has a strict behaviour

          in the class, this was wrongly inferred as him harassing the girls.

          It has been stated that he never spoke any vulgar or obscene

          language. Petitioner is in custody since 26.08.2025 and has no

          criminal antecedent. Charge sheet has already been submitted. It

          has also been pointed that one of the co-accused having similar

          kind of allegations has been granted the privilege of anticipatory

          bail by a Co-ordinate Bench of this Court vide order dated

          15.01.2026 passed in Cr. Misc. No. 71644 of 2025 (Annexure-

          P/4).

                       5. Learned APP for the State opposes the bail petition.

          However, learned counsel appearing for the Opposite Party No.

          2 does not oppose the bail of the petitioner as it seems that a

          case has been filed on account of some misunderstanding.

                       6.    Taking      into     consideration   the   facts   and

          circumstances of the case and also considering the fact that the

          charge sheet has been submitted not requiring his further

          custodial interrogation, coupled with the fact that Opposite

          Party No. 2 also does not wish to oppose the present bail

          application and the petitioner undertakes to co-operate in the

          trial, the above named petitioner is directed to be enlarged on

          bail on furnishing bail bond of Rs10,000/- (Rupees Ten
             Patna High Court CR. MISC. No.74131 of 2025(4) dt.11-02-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Court below where the case is

                       pending/successor Court in connection with Shanichari P.S.

                       Case No. 91 of 2025 , subject to the conditions that :

                                    (i) One of the bailors will be his close relative/family

                       members.

                                    (ii) The petitioner shall remain physically present in

                       court on each and every date during trial and in the event of

                       failure on two consecutive dates without sufficient reasons, his

                       bail bonds shall be liable to be cancelled by the learned court

                       concerned.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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