Patna High Court

Suraj KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Suraj Kumar was arrested in connection with a case alleging sexual assault under Sections 74, 75(2) and 79 of the Bharatiya Nyaya Sanhita, 2023, Section 37 of the Bihar Prohibition and Excise Amendment Act and Sections 8 and 12 of the POCSO Act. The prosecution contended that the assault occurred while the victim was intoxicated, while the defence argued that the victim’s statement under Section 183 of the BNSS did not support the charge and that the petitioner was falsely implicated. The petitioner, in custody since 26‑09‑2025 and having three prior criminal antecedents, sought bail. The State opposed the bail. The Court, noting the lack of incriminating victim testimony and the circumstances of custody, decided to grant bail on a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and surety composition.

Issues considered

Whether bail should be granted to the accused in a case involving alleged sexual assault under the BNSS, Bihar Prohibition and Excise Amendment Act and POCSO Act despite prior criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 183, 74, 75(2), 79
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

bail
sexual assault
POCSO
criminal antecedents
victim statement
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Amendment Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.77826 of 2025
                  Arising Out of PS. Case No.-179 Year-2025 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Suraj Kumar S/o Ramawtar Baitha R/o Village- Bakulahar, P.S- Gopalpur,
                 Dist- West Champaran (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    xxxxx D/o Suresh Sah R/o Village- Satgathiya, ward No. 2, P.S- Gopalganj,
                 Dist- West Champaran, Bettiah

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Gopalpur P.S. Case No. 179 of 2025 instituted for the offence

                   under Sections 74, 75(2) & 79 of the Bharatiya Nyaya Sanhita,

                   2023, Section 37 of the Bihar Prohibition and Excise

                   Amendment Act and Sections 8 & 12 of the POCSO Act.

                           3.       Prosecution case, in brief, is that petitioner

                   committed sexual assault with the victim in drunken state.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 26.09.2025. Petitioner

                   bears three criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.77826 of 2025(4) dt.13-01-2026
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          paragraph No. 3 of the bail application.

                 5.       It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Referring to the statement of the victim recorded under

          Section 183 of the BNSS, 2023, it is submitted that victim has

          not supported the prosecution case. From perusal of the FIR, it

          would manifest that parties are co-villager.

                 6.       Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                 7.       Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and there being

          no allegation made in the statement of the victim recorded under

          Section 183 of the BNSS, 2023, this Court is inclined to grant

          bail to the petitioner.

                 8.       Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Gopalpur P.S. Case

          No. 179 of 2025, subject to the following conditions:

                 (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                 (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.77826 of 2025(4) dt.13-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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