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Patna High Court

Vinod Kumar @ Sudhu @ Binod KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petitioner's application.

Summary

The petitioner, Vinod Kumar, was charged under Sections 3(a) and 3(e) of the Protection of Children from Sexual Offences (POCSO) Act for allegedly sodomising a seven‑year‑old boy. He applied for regular bail, claiming innocence and alleging false implication, having been in custody since September 2023. The State opposed bail, and the court noted that all witnesses had already been examined in the trial, indicating the seriousness of the offence. Considering the nature of the charge and the completed witness testimony, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail can be granted to an accused under Sections 3(a) and 3(e) of the POCSO Act when all witnesses have been examined.
  • Whether the seriousness of the alleged sexual offence against a child precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • sexual offences against child
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76092 of 2025
                   Arising Out of PS. Case No.-289 Year-2023 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Vinod Kumar @ Sudhu @ Binod Kumar S/O Late Sheshnath Sah R/O
                 Village- Dwardevi Chowk, P.S- Bettiah (Town), Distt.- West Champaran.
                 Present Address- Khiriya Ghat, P.S- Bairiya, Distt.- West Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/O Akhilesh Yadav R/O Village- Khiriya Ghat, Ward No. 3, P.S-
                 Bairiya, Distt.- West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey
                 For the Opposite Party/s :       Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with POCSO Case No. 134 of 2024

                   arising out of Bairiya P.S. Case No. 289 of 2023 registered for

                   the offence under Sections 3(a) and 3(e) of the POCSO Act.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 21.03.2024 passed in Cr. Misc. No. 4452 of 2024

                   which reads as under:-

                                                Heard learned counsel for the petitioner
                                   and learned APP for the State.
                                                2. The petitioner seeks bail in connection
                                   with Bairiya P.S. Case No. 289 of 2023 registered
                                   for the offence punishable under Sections 3(a)/3(c)
          Patna High Court CR. MISC. No.76092 of 2025(3) dt.11-02-2026
                                                      2/2




                                    of the POCSO Act.
                                                  3. As per the prosecution case, the
                                    petitioner is said to have sodomized a seven year
                                    old boy.
                                                  4. Learned counsel for the petitioner
                                    submits that the petitioner is innocent and has been
                                    falsely implicated in this case. The petitioner is in
                                    jail since 25.09.2023.
                                                  5. Learned APP appearing for the State
                                    opposes the prayer for regular bail of the
                                    petitioner.
                                                  6. Considering the aforesaid fact, I am
                                    not inclined to grant bail to the petitioner.
                                                  7. Accordingly, this application stands
                                    dismissed.
                                 3. The learned counsel for the victim has submitted all

                    the witnesses have been examined in the trial.

                                 4. In view of the fact that all the witnesses have been

                    examined in the trial, this Court is not inclined to grant bail to

                    the petitioner.

                                 5. Accordingly, this application is dismissed.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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