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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond of Rs 10,000, two sureties, and conditions of the father acting as a bailor and cooperation in charge‑framing.

Summary

Ankit Kumar, a 19‑year‑old, was arrested in connection with a case alleging that he stalked and attempted to sexually assault a minor, invoking sections 76, 74, 78 and 351(2) of the Bihar Narcotic Substances Act, 2023 and sections 8 and 12 of the POCSO Act. The FIR was lodged five days after the alleged incident and the victim’s statement under section 183 of the same Act did not specifically allege any act of sexual assault. The petitioner had been in custody since 18 July 2025 and applied for bail, which was opposed by the State. The Court noted the delay in filing the FIR, the absence of a specific assault allegation, and the length of custody, and consequently ordered that bail be granted on a bond of Rs 10,000 with two sureties, one of whom must be the petitioner’s father, and conditioned on the petitioner’s cooperation in the framing of charges. The bail order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether bail should be granted in a case involving alleged sexual assault under the POCSO Act and the Bihar Narcotic Substances Act despite a five‑day delay in lodging the FIR.
  • Whether the delay in filing the FIR and the lack of a specific allegation of sexual assault justify denial of bail.
  • Whether the petitioner’s prolonged pre‑trial custody warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • sexual assault
  • POCSO
  • delay in FIR
  • pre‑trial custody
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77117 of 2025
                   Arising Out of PS. Case No.-306 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 Ankit Kumar S/O Mr. Amarjeet Kumar Das R/O village - Jitwarpur Nizamat,
                 P.s - Muffasil, District - Samastipur
                                                                        ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Laxman Pal S/O Late Ramcharitra Rajak R/O village - Jitwarpur Nizamat
                  Ward no.- 16 , P.s - Muffasil, District - Samastipur
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ritwik Thakur, Adv.
                                                 Ms.Vaishnavi Singh, Adv.
                 For the Opposite Party/s :      Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   17-02-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State. No one appears on behalf of

                   opposite party no.2 despite valid service of notice.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Samastipur Muffasil P.S. Case

                   no.306 of 2025 registered under sections                  76, 74, 78 and

                   351(2) of BNS, 2023 and Section 8 and 12 of POCSO Act.

                                 3. Allegation in the F.I.R is that petitioner is said to

                   have stalked the informant’s daughter, caught her by hand and

                   dragged her with intention to sexually assault and molest her.

                                 4. Learned counsel for the petitioner submits that

                   F.I.R has been lodged after a delay of five days, for which no

                   explanation has been tendered. With respect to an earlier

                   incident, as disclosed in the F.I.R, no complaint was ever
Patna High Court CR. MISC. No.77117 of 2025(4) dt.17-02-2026
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          lodged by the victim or her family members and even in the

          statement of the victim, recorded under Section 183 of BNSS,

          it appears that no specific act of sexual assault etc., has been

          alleged by the victim rather this F.I.R has been filed on the

          ground that she was taken away by the petitioner and yet had

          held her hand and used to disturb her and also used to harass

          her. The petitioner is a young boy aged about 19 years and he

          is in custody since 18.07.2025 and undertakes to cooperate in

          the case/trial.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that

          there is delay of 5 days in lodging of F.I.R coupled with the

          fact that no act of sexual assault etc., has been alleged against

          the petitioner and he has remained in custody since

          18.07.2025, the petitioner is directed to be enlarged on bail in

          connection with Samastipur Muffasil P.S. Case no.306 of

          2025 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 concerned where the case is
              Patna High Court CR. MISC. No.77117 of 2025(4) dt.17-02-2026
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                        pending/successor Court, subject to the following conditions:-

                                     (I) One of the bailors of the petitioner shall be the

                        father of the petitioner.

                                     (II) Petitioner would co-operate in getting the

                        charges framed.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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