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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that bail cannot be granted at this stage and ordered the trial to be concluded within two months, permitting a fresh bail application thereafter.

Summary

The petitioner, Ajit Kumar, was charged under several sections of the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST Act for allegedly attempting to outrage the modesty of a 14‑year‑old girl. He applied for bail, claiming innocence, that the alleged incident occurred in broad daylight and that there was a consensual love affair. The prosecution highlighted that five witnesses have been recorded, with three already examined, and warned that releasing the petitioner could lead to tampering of evidence. The State opposed bail and suggested that the trial be expedited, offering the petitioner a chance to renew his bail plea later. The High Court directed the trial court to complete the remaining witness testimony within two months and held that the bail application stands disposed, allowing the petitioner to seek bail again if the trial is not concluded within that period.

Issues considered

  • Whether bail should be granted to an accused charged under serious offences including POCSO and SC/ST Act at the current stage of trial
  • Whether the risk of evidence tampering justifies denial of bail
  • Whether the trial can be expedited within a specified time frame

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • minor victim
  • SC/ST Act
  • evidence tampering
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76666 of 2025
                      Arising Out of PS. Case No.-89 Year-2025 Thana- UPHARA District- Aurangabad
                 ======================================================
                 Ajit Kumar S/O Umesh Yadav Resident Of Village- Bhaluyar, P.S- Uphara,
                 Dist.- Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar Bihar
           2.    YYY D/O XXX Resident Of Village- Bhaluyar, P.S- Uphara, Dist.-
                 Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindhyachal Singh, Sr. Advocate
                                                  Mr. Vipin Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                                                  Mrs. Leelawati Kumari, Advocate
                                                  Mr. Aman Vishal, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   19-03-2026                   Heard learned Senior Counsel for the petitioner,

                   learned counsel for the informant, and learned APP for the

                   State.

                                 2. The petitioner is seeking for bail in connection

                   with POCSO G.R. No.97 of 2025, arising out of Uphara P.S.

                   Case No.89 of 2025, dated 10.08.2025, registered for the

                   offences under Sections 126(2), 115(2), 329(3), 351(2), 352,

                   74, 75(2), 76 of the Bharatiya Nyaya Sanhita and under

                   Section 8, 12 of the POCSO Act and Section 3(1)(r), 3(1)(s),

                   3(1)(w), 3(2)(va) of the SC/ST Act.
Patna High Court CR. MISC. No.76666 of 2025(4) dt.19-03-2026
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                       3. As per the FIR, the petitioner is alleged to have

          attempted to outrage the modesty of the informant, aged about

          14 years, while she was alone in her house. Upon her raising

          an alarm, her brother arrived at the spot to rescue her,

          whereupon a scuffle ensued between the informant’s brother

          and the petitioner.

                       4. Learned Senior Counsel for the petitioner submits

          that the petitioner is innocent and has been falsely implicated

          in the present case. It is contended that he has not committed

          any offence as alleged in the FIR. It is further submitted that

          the alleged occurrence is said to have taken place in broad

          daylight at about 12:00 noon, which makes the prosecution

          case doubtful. It is also submitted that there was a love affair

          between the petitioner and the informant. Learned Senior

          Counsel further submits that the petitioner undertakes to

          cooperate in the trial if the privilege of bail is extended to him.

          Lastly, it is submitted that the petitioner has one criminal

          antecedent, in which he is already on bail, and is in judicial

          custody since 12.08.2025.

                       5. Learned counsel for the informant appears

          pursuant to the notice and submits that, altogether, there are

          five prosecution witnesses, out of which the evidence of three
Patna High Court CR. MISC. No.76666 of 2025(4) dt.19-03-2026
                                            3/4




          witnesses has already been recorded. It is further submitted

          that only two witnesses are yet to be examined and, therefore,

          the trial is at an advanced stage and is likely to be concluded

          within one month. It is also contended that, if the petitioner is

          released on bail at this stage, there is an apprehension that he

          may tamper with the prosecution evidence, thereby affecting

          the fair conduct of the trial.

                       6. Learned APP for the State opposes the prayer for

          bail and submits that appropriate directions may be issued to

          the learned Trial Court to expedite the trial. It is further

          submitted that, in the event the trial is not concluded

          expeditiously, the petitioner may be granted liberty to renew

          his prayer for bail.

                       7. Considering the submissions of the parties, this

          Court finds it appropriate to direct the learned Trial Court to

          make all endeavours to conclude the trial, preferably within a

          period of two months from today. Since, out of five

          prosecution witnesses, the evidence of three witnesses has

          already been examined. It is expected that, by expediting the

          process of trial, the evidence of the remaining two witnesses

          shall also be examined within the aforesaid period.

                       8. However, in case the trial is not concluded within
               Patna High Court CR. MISC. No.76666 of 2025(4) dt.19-03-2026
                                                           4/4




                         the aforesaid period, the petitioner is at liberty to renew his

                         prayer for bail, which would be considered on its own merits

                         without being prejudiced by the present order.

                                      9. Accordingly, the present application stands

                         disposed of.



                                                                   (Ajit Kumar, J)
shikha/-

U          T


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