Patna High Court
Vijay Kumar @ Vijay Kumar Yadav @ Vijay Yadav @ VijayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied bail to the petitioner.
Summary
Vijay Kumar applied for regular bail in a case involving multiple serious offences under the IPC, the POCSO Act and the Immoral Traffic (Prevention) Act. The bail application had previously been rejected in an earlier proceeding. The court noted that the trial was ongoing, with four of seven witnesses already examined and further evidence pending. Considering the nature of the offences and the stage of the trial, the court was not inclined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner at the current stage of trial for the offences alleged under the IPC, POCSO Act and ITPA.
Legislation cited
- Immoral Traffic (Prevention) Act — s. 3, 4, 5, 8, 9
- Indian Penal Code — s. 34, 363, 366A, 368, 370(A), 372, 373, 376, 379, 411
- Protection of Children from Sexual Offences Act — s. 10, 4, 6, 8
Subjects
- bail
- criminal procedure
- Indian Penal Code
- POCSO Act
- Immoral Traffic (Prevention) Act
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80833 of 2025
Arising Out of PS. Case No.-12 Year-2023 Thana- PALI District- Jehanabad
======================================================
Vijay Kumar @ Vijay Kumar Yadav @ Vijay Yadav @ Vijay S/O Late Naresh
Yadav R/O vill.- Nichli Gali, Yadav Tola, P.S.- Rajgir, Dist.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Late Mahendra Bind R/O Vill.- Uttar Serthu, P.S.- Pali, Dist.-
Jehnabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 No one appears on behalf of the petitioner despite
repeated calls. However, learned counsel for the State is present.
2. The petitioner seeks regular bail in connection with
Pali P.S. Case No. 12 of 2023, lodged on 18.01.2023, under
Sections 363, 366A, 368, 370(A), 372, 373, 376, 379, 411 and
34 of the Indian Penal Code, along with Sections 4, 6, 8 & 10 of
the POCSO Act. Subsequently, Sections 3, 4, 5, 8, and 9 of the
Immoral Traffic (Prevention) Act were also added.
3. Learned APP for the State submits that from the
same P.S. case a Cr. Misc. No. 64067 of 2025 which has listed at
serial No. 24 of the today’s cause list has been rejected.
Patna High Court CR. MISC. No.80833 of 2025(3) dt.25-02-2026
2/2
4. From the record, it transpires to this Court that the
bail application of the petitioner was earlier rejected vide order
dated 24.01.2025 passed in Cr. Misc. No. 56330 of 2024. It
further transpires that a report regarding the present stage of the
trial was called for, and from the report, it appears that out of
seven witnesses, four have already been examined, and the
matter is pending further evidence.
5. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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