Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail, holding that the offence, though serious, did not merit continued detention and that bail would not prejudice the investigation or trial.
Summary
The petitioners, Govind Singhania and Ankit Kumar, were arrested in connection with a case alleging sexual harassment of a minor girl, including stopping her bicycle and threatening her to go to a hotel, under several sections of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act. They sought regular bail after being in custody for about four months, claiming innocence and that the alleged conduct amounted to a lesser offence punishable by up to three years. The State opposed bail, arguing the seriousness of the offence and the need to protect the minor’s dignity. The court examined the nature of the charges, the duration of pre‑trial detention, and the fact that the investigation was complete and the case was at trial stage. Finding that the alleged offence, while serious, did not warrant continued detention and that bail would not impede the trial, the court allowed the bail application with strict conditions. The petitioners were ordered to furnish bail bonds of Rs. 10,000 each with two sureties and to comply with conditions regarding cooperation with police and non‑interference with witnesses.
Issues considered
- The appropriateness of granting regular bail to accused persons charged under sections of the B.N.S., 2023 and the POCSO Act for alleged sexual harassment of a minor.
- Whether the seriousness of the alleged offence and the duration of pre‑trial detention justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 109, 126(2), 127(2), 3(5), 351(2), 75, 76, 78
- POCSO Act — s. 8
Subjects
- bail
- sexual harassment
- minor
- POCSO Act
- pre‑trial detention
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74965 of 2025
Arising Out of PS. Case No.-491 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Govind Singhania @ Govind Singhaniya S/O Jay Prakash Paswan @ Jai
Prakash Paswan R/O Village- I.T.I Jay Prakash Nagar, P.S- Bettiah Muffasil,
Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar Gupta S/O Dhrup Prasad Gupta R/V- I.T.I Road No. 3, P.S-
Bettiah Muffasil, Distt.- West Champaran.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78311 of 2025
Arising Out of PS. Case No.-491 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Ankit Kumar Son of Sri Hardev Prasad Resident of Village - I.T.I. Jaiprakash
Nagar, P.S. - Bettiah Muffasil, Dist. - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajesh Kumar Gupta Son of Sri Dhrup Prasad Gupta Resident of Village -
I.T.I., Road No. 03, P.S. - Bettiah Muffasil, Dist. - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74965 of 2025)
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the State : Mr. Ram Naresh Ray, APP
For the O.P. No. 2 : Mr. Abhishek Raj, Advocate
Mr. Ashish Ranjan Garg, Advocate
Mr. Ashutosh Ratan Shrivastava, Advocate
(In CRIMINAL MISCELLANEOUS No. 78311 of 2025)
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the State : Mr. Tarkeshwar Nath Thakur, APP
For the O.P. No. 2 : Mr. Abhishek Raj, Advocate
Mr. Ashish Ranjan Garg, Advocate
Mr. Ashutosh Ratan Shrivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.74965 of 2025(3) dt.17-01-2026
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APP for the State as well as learned counsel for the O.P. No. 2.
2. The petitioners seek bail in connection with Bettiah
(M) P.S. Case No. 491 of 2025 dated 17.09.2025, registered for
the offences punishable under Sections 126(2), 127(2), 75, 76,
78, 109, 351(2) and 3(5) of B.N.S., 2023 and Section 8 of the
POCSO Act.
3. As per allegation, both the petitioners have
committed sexual harassment by way of stopping the bicycle of
the victim while going to her educational institute. It is further
case of the prosecution that even prior to the occurrence, she
was threatened by the petitioners and asked to go to hotel.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. He further submits that the alleged offence amounts to at
most sexual harassment which is punishable up to three years.
He also submits that not only charge-sheet has been submitted,
but even charge has been framed and the petitioners will co-
operate in the trial and no similar type of offence would be
committed.
5. He further submits that the petitioners are in
custody for about four months since 18.09.2025.
6. It has also been stated in paragraph no. 3 of the bail
Patna High Court CR. MISC. No.74965 of 2025(3) dt.17-01-2026
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petition that the petitioner No. 1/Govind Singhania @ Govind
Singhaniya has no criminal antecedent, whereas petitioner No.
2/Ankit Kumar has two criminal antecedents.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State and learned
counsel for the O.P. No. 2 vehemently oppose the prayer of the
petitioners for bail submitting that the alleged offence is serious
in nature and dignity of one minor girl has been compromised.
Hence, the petitioners do not deserve regular bail.
9. Considering the fact that the alleged facts and
circumstances prima facie constitute sexual offence which is
punishable up to three years and the petitioners are already in
custody for about four months and investigation is complete and
the case is at the stage of trial, this application is allowed,
directing the petitioners, above-named, to be enlarged on bail on
their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned concerned Court below in connection
with Bettiah (M) P.S. Case No. 491 of 2025, on the following
conditions:
Patna High Court CR. MISC. No.74965 of 2025(3) dt.17-01-2026
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(i) The petitioners will make themselves available for
interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that
investigation/trial will not get hampered on account of their
absence or non-cooperation. They must be available to the
police or the court whenever their presence is required.
(iii) The petitioners shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
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