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Patna High Court

Sandesh Chaudhary @ Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to strict conditions.

Summary

The petitioner, Sandesh Chaudhary, was arrested in connection with a POCSO case alleging his participation in a rape and intimidation of the victim, alongside co‑accused Akash Chaudhary. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the victim’s statement did not name him. The prosecution opposed bail, asserting his involvement in the crime. The High Court examined the seriousness of the offences, the petitioner’s alleged lack of prior record, and the need for his presence at trial. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes.

Issues considered

  • What considerations govern the grant of bail in a POCSO case involving alleged participation in rape and intimidation?
  • Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite serious charges under the SC/ST Act and POCSO Act.

Legislation cited

Subjects

  • bail
  • POCSO
  • SC/ST Act
  • sexual assault
  • false implication
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81290 of 2025
                          Arising Out of PS. Case No.-14 Year-2025 Thana- SC/ST District- Buxar
                 ======================================================
                 Sandesh Chaudhary @ Raj Kumar Son of Bhola Chaudhary Resident of
                 Village- Nawadera (Nonia Dera), P.S. -Naya Bhojpur, District- Buxar
                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    X Y Resident of Village- Nawadera tola, (Nonia tola), Po- Naya Bhojpur
                 P.S. -Naya Bhojpur, District- Buxar


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dharmesh Kumar Shrivastava, Advocate
                 For the Opposite Party/s :        Ms. Usha Kumari 1, APP
                 For the Informant        :        Mr. Navin Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   31-01-2026                       Heard Mr. Dharmesh Kumar Shrivastava, learned

                   counsel for the petitioner, Mr. Navin Kumar Jha, learned

                   counsel for the informant and Ms. Usha Kumari 1, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   01.07.2025 in connection with POCSO Case No. 82 of 2025

                   arising out of Buxar SC/ST Case No. 14 of 2025, F.I.R. dated

                   11.05.2025 for the offences punishable under Sections 76 and

                   64 of the BNS, 2023, Sections 3(i) (r) (s) (w) (wi) 3(2) (v) of the

                   SC/ST Act and Section 4/6, 8/12 of the POCSO Act.
Patna High Court CR. MISC. No.81290 of 2025(4) dt.31-01-2026
                                            2/4




                      3. According to prosecution case, co-accused Akash

          Chaudhary committed rape upon the victim and this petitioner

          along with other accused person also tried to commit the same

          and threatened her for making her video viral if she told anyone

          about the said incident.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. Although the petitioner is

          named in the F.I.R but the victim has not stated any kind of

          sexual assault against the petitioner in her statement recorded

          under Section 183 of B.N.S.S. He further submits that the co-

          accused person, namely, Akash Chaudhary @ Ganesh

          Chaudhary has committed rape upon him. Apart from the

          aforesaid, the date of occurrence is 07.05.2025 but the present

          F.I.R has been instituted on 11.05.2025. He further submits that

          the police after investigation submitted the charge sheet against

          the petitioner. The petitioner is in custody since 01.07.2025.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner and submits that the petitioner
Patna High Court CR. MISC. No.81290 of 2025(4) dt.31-01-2026
                                            3/4




          has participated in the present crime in question along with

          other accused person.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge, POCSO, Buxar in connection with POCSO Case No. 82

          of 2025 arising out of Buxar SC/ST Case No. 14 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.81290 of 2025(4) dt.31-01-2026
                                                        4/4




                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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