Patna High Court
Govinda KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed.
Summary
The petitioners, Govinda Kumar and Sunny Kumar, applied for regular bail in a case registered under Sections 64(1) and 70(2) of the BNS and Sections 4 and 6 of the POCSO Act, alleging they were innocent and that the matter had been settled. The prosecution alleges that the petitioners participated in a gang rape of the victim. The petitioners have been in custody since 18‑10‑2025. The State opposed the bail, contending the seriousness of the offences and suggesting the petitioners were tampering with evidence. The Court, after hearing both sides, found the allegation of evidence tampering credible and was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted to the accused under Sections 64(1), 70(2) of the BNS and Sections 4, 6 of the POCSO Act in view of the alleged seriousness of the offence and alleged tampering of evidence.
Legislation cited
- BNS — s. 64(1), 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- regular bail
- POCSO Act
- gang rape
- evidence tampering
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.751 of 2026
Arising Out of PS. Case No.-608 Year-2025 Thana- DHANARUA District- Patna
======================================================
1. Govinda Kumar S/O Subodh Kumar R/O Vill.-Mohammadpur Paheda P.S.-
Dhanarua, Dist.-Patna.
2. Sunny Kumar S/O Chaitu Ravidas. R/O Vill.-Mohammadpur Paheda P.S.-
Dhanarua, Dist.-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXX S/O Late Ramashish Bind R/O Vill.- Mohammadpur Paheda, P.S.-
Dhanarua, Dist.-Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-05-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Dhanarua P.S. Case No. 608 of 2025 registered for the offence
under Sections 64(1), 70(2) of the BNS and under Section 4, 6
of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are said to have committed gang rape with the victim.
4. The petitioner is in custody since 18.10.2025.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and the matter has been settled between
the parties.
Patna High Court CR. MISC. No.751 of 2026(5) dt.12-05-2026
2/2
6. Learned counsel for the State has opposed the
prayer of the petitioner.
7. From the submission of the learned counsel for the
petitioner, it appears that the petitioner is tampering with the
evidence.
8. In view of the above, this Court is not inclined to
grant bail to the petitioner.
9. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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