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Patna High Court

Hemant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the Cr.P.C.

Summary

Hemant Kumar, a 75% physically disabled man, applied for anticipatory bail in a case alleging offences under IPC sections 341, 323, 365, 366-A, 376 and POCSO Act sections 8 and 12. An earlier application for bail was rejected, but the petitioner argued that his severe disability, the month-long delay in filing the FIR, lack of medical examination of the alleged victim, and an existing neighbour dispute create fresh grounds for bail. The State opposed the relief. The court considered the new disability evidence, the procedural lapses, and the nature of the allegations, and held that the petitioner could be released on bail if arrested, subject to conditions under Section 438(2) of the Cr.P.C. The court ordered bail on a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and imposed cooperation conditions.

Issues considered

  • What impact does the petitioner's severe physical disability have on the grant of anticipatory bail?
  • Whether the delay in filing the FIR and lack of medical examination of the victim justify anticipatory bail?
  • Whether the nature of the alleged offences under IPC and POCSO Act preclude anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • disability
  • IPC
  • POCSO Act
  • Section 438
  • bail conditions
  • delay in FIR
  • medical examination
  • neighbor dispute

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.75810 of 2025
                        Arising Out of PS. Case No.-50 Year-2024 Thana- Banma Itahari District- Saharsa
                 ======================================================
                 Hemant Kumar S/o Manoj Bhagat R/o Vill- Banma Dih Tola, Ward No. 14,
                 P.S.- Banma Itahari, Distt- Saharsa

                                                                                        ... ... Petitioner/s
                                                           Versus
           1.    The State of Bihar
           2.    Pramila Devi W/o Baiju Thakur R/o Vill- Banma Dih Tola, Ward No. 14,
                 P.S.- Banma Itahari, Distt- Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :        Mr. Uday Chand Prasad, Advocate
                                                     Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :          Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   09-01-2026             Heard learned counsel for the petitioner and learned A.P.P.

                   for the State. Despite valid service of notice indicating that the

                   same was received by opposite party no.2 in person, no one is

                   present on behalf of opposite party no.2.

                   2.        The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 341, 323, 365, 366-

                   A and 376 of the Indian Penal Code and Section 8/12 of the

                   POCSO Act.

                   3.       By the present application, the petitioner has renewed his

                   prayer for anticipatory bail. Earlier vide detailed order dated

                   11.04.2025 passed in Cr. Misc. No.77565 of 2024, the prayer of

                   the petitioner was rejected, while the petitioner no.2, who is the
Patna High Court CR. MISC. No.75810 of 2025(5) dt.09-01-2026
                                            2/3




          father of the petitioner, was granted the privilege of

          anticipatory bail.

          4.     It is submitted by learned counsel for the petitioner that a

          fresh ground of consideration for anticipatory bail has arisen

          which has been brought on record is that the petitioner suffers

          from 75% of disability as his left leg has been amputated

          beyond thigh as is evident from the photograph of the

          petitioner which has also been brought on record. The unique

          disability ID issued by the Government of India has also been

          annexed as Annexure-P/3 to this application. It is submitted

          that with such kind of disability the allegations made against

          the petitioner does not seem to be probable. It is also a fact that

          the F.I.R. was recorded after delay of about one month which

          has been recorded in the earlier order dated 11.04.2025 and

          enmity also persisted between the parties who are neighbours

          on account of some transaction of money coupled with the fact

          that no medical examination of the victim girl was undertaken

          in order to substantiate the allegations levelled in the complaint

          petition.

          5.          Learned APP for the State opposed the prayer for bail.

          6.        Taking into consideration the facts and circumstances of

          the case and especially the fact that fresh ground of physical
            Patna High Court CR. MISC. No.75810 of 2025(5) dt.09-01-2026
                                                        3/3




                      disability of the petitioner has been raised which was not placed

                      earlier for consideration, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Banma Itahari P.S. Case No. 50 of

                      2024, subject to the condition as laid down under Section 438

                      (2) of the Cr.P.C., subject to further condition that

                      (i) One of the bailors would be close relative/family members of

                      the petitioner.

                      (ii) The petitioner will cooperate in the investigation and trial

                      and in case of any act of non-cooperation, the opposite party

                      no.2 would be at liberty to move an application for cancellation

                      of bail bonds of the petitioner.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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