Patna High Court
Wakil RizwaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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