Patna High Court
Suraj Kumar @ Raj Gurjar Khurana @ Raj Gurjan Khurana @ Raj Gujjar KhuranaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail petition was dismissed, and the accused was not released on bail.
Summary
The petitioner, Suraj Kumar, was arrested on 11 March 2022 in connection with a POCSO case involving alleged offences under Sections 366(A), 323, 504, 506, 34 of the Indian Penal Code and Section 4 of the POCSO Act. He sought bail, claiming a clean antecedent, but his earlier bail application had been rejected. The trial court had completed examination of all prosecution witnesses and recorded the accused’s statement under Section 313 of the CrPC. Both the informant’s counsel and the Additional Public Prosecutor opposed bail. The High Court, considering the serious nature of the allegations and the stage of the trial, refused the bail petition and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving multiple serious offences under the IPC and POCSO Act.
Legislation cited
- Indian Penal Code — s. 323, 34, 366(A), 504, 506
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- POCSO
- sexual assault
- IPC
- special court
- trial expeditious
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83731 of 2025
Arising Out of PS. Case No.-150 Year-2022 Thana- NATHNAGAR District- Bhagalpur
======================================================
Suraj Kumar @ Raj Gurjar Khurana @ Raj Gurjan Khurana @ Raj Gujjar
Khurana S/O Bajrangi Das R/O village - Venukanu Lane Champanagar, P.S. -
Nathnagar, Dist. - Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Geeta Devi W/O Ghanshyam Das R/O village - Gopinath Ghosh Lane
Champanagar, P.S. - Nathnagar, Dist. - Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
For the informant : Mr. Prashant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 13-02-2026 Heard Mr. Davendra Kumar Pandey, learned
counsel for the petitioner, Mr. Prashant Kumar, learned
counsel for the informant and Mr. Suresh Prasad Singh,
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody
since 11.03.2022 in connection with POCSO Case No. 254
of 2024 arising out of Nathnagar P.S. Case No. 150 of
2022, FIR dated 04.03.2022 registered for the offence
punishable under Sections 366(A), 323, 504, 506 and 34 of
the Indian Penal Code and Section 4 of POCSO Act.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 19.07.2023 in Cr. Misc. No. 26366
Patna High Court CR. MISC. No.83731 of 2025(3) dt.13-02-2026
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of 2023.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent.
5. Vide order dated 22.12.2025, a report was
called for with regard to the present stage of trial. Report of
learned Trial Court dated 05.01.2026 reveals that all the
prosecution witnesses have been examined in the present
case and on 27.01.2026 the statement of the accused under
Section 313 of the Cr.P.C. has been recorded.
6. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
bail of the petitioner.
7. Considering the nature of allegation against the
petitioner as alleged in the FIR as well as the report of the
learned Trial Court, I am not inclined to enlarge the
petitioner on bail in connection with POCSO Case No. 254
of 2024 arising out of Nathnagar P.S. Case No. 150 of 2022
pending in the court of learned Exclusive Special Court of
POCSO-cum-District and Additional Sessions Judge-VI,
Bhagalpur.
8. Prayer is refused.
Patna High Court CR. MISC. No.83731 of 2025(3) dt.13-02-2026
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9. However, learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
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