Patna High Court

Bal Kishun KewatversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Bal Kishun Kewat applied for bail in a case (Atri PS No.136 of 2025) involving alleged offences under the Bihar Narcotic Substances Act, 2023, the Information Technology Act and the POCSO Act. The prosecution alleged that Kewat, as the father of Shalu Kumar, had called on a mobile number to dissuade the filing of a case concerning obscene photographs taken and shared by Shalu Kumar. The petitioner contended he was innocent, had no criminal antecedent, and was only objecting to the filing of the case, with the main accused already in custody. The State opposed the bail. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The order was directed to the Special Judge POCSO‑cum‑Additional Session Judge‑VII, Gaya.

Issues considered

Whether bail should be granted to the petitioner despite charges under Sections 75, 78, 79, 319(2), 352, 351(2), 3(5) of the B.N.S., 2023, Sections 66, 66(D) of the IT Act and Sections 8/12 of the POCSO Act.

Legislation cited

Bihar Narcotic Substances Act — s. 319(2), 3(5), 351(2), 352, 75, 78, 79
Information Technology Act — s. 66, 66(D)
Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8

Subjects

bail
criminal procedure
POCSO Act
Information Technology Act
obscene material
sexual offences
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81432 of 2025
                          Arising Out of PS. Case No.-136 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Bal Kishun Kewat son of Ram Jatan Kewat Resident Of Village -Malahi Ps
                 -Atri District- Gaya, Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XYZ Daughter of Bablu Kumar Resident Of Village -Malahi Ps -Atri
                 District- Gaya, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Arti P.S. Case No. 136 of 2025 registered for the offence

                   punishable under Sections 75, 78, 79, 319(2), 352, 351(2) and

                   3(5) of the B.N.S., 2023, Sections 66, 66(D) of the I.T. Act and

                   Sections 8/12 of the POCSO Act.

                                3. The case of the prosecution in short is that the

                   informant has a friendship with one Shalu Kumar. Shalu

                   Kumar disclosed that he loves her, and he also clicked her

                   obscene photographs and started sharing the same. The

                   allegation against the petitioner is that he is the father of Shalu
Patna High Court CR. MISC. No.81432 of 2025(3) dt.21-01-2026
                                            2/3




          Kumar and he has called on mobile no. 8969674055 not to file

          a case.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the main

          thrust of allegation is against Shalu Kumar. The petitioner is

          only the father, and the only allegation against him is that he

          has objected to the filing of the case. He also submits that the

          main accused is under custody. He further submits that a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and he is languishing in judicial

          custody since 07.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          Special Judge POCOS-cum-Additional Session Judge-VII,
          Patna High Court CR. MISC. No.81432 of 2025(3) dt.21-01-2026
                                                      3/3




                    Gayaji in connection with Atri P.S. Case No. 136 of 2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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