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Patna High Court

Akhilesh PanditversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant pre‑arrest bail and disposed of the bail application.

Summary

The petitioner, Akhilesh Pandit, applied for pre‑arrest bail in connection with a case registered under Sections 127(2), 64 and 62 of the Bihar Narcotic Substances (BNS) Act and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act. The High Court examined the seriousness of the allegations and the material uncovered during investigation. It held that the nature of the offences and the evidential material did not warrant the grant of pre‑arrest bail. The Court directed the petitioner to surrender before the District Court and seek regular bail, where the matter could be decided on the same day. Consequently, the pre‑arrest bail application was disposed of without relief.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for offences under the BNS Act and the POCSO Act.

Legislation cited

Subjects

  • pre‑arrest bail
  • BNS Act
  • POCSO Act
  • child sexual offences
  • narcotic offences
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8378 of 2026
                    Arising Out of PS. Case No.-348 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Akhilesh Pandit S/O Late Gorakh Pandit R/O Village - Khajuria, P.S- Kotwa,
                 Distt.- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XYZ S/O XYZ R/O Village - Khajuria, P.S- Kotwa, Distt.- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   24-06-2026                       Heard Mrs. Khushi Awadh, learned counsel

                   appearing on behalf of the petitioner and Mr. Prem Kumar Jha,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Kotwa P.S. Case No. 348 of 2025 registered for the offence

                   punishable under Sections 127(2), 64, 62 of the BNS and

                   Sections 8/12 of the POCSO Act.

                                3. Considering the nature of allegation made against

                   the petitioner in the FIR and the material surfaced in the course

                   of investigation, I am not inclined to enlarge the petitioner on

                   pre-arrest bail.

                                4. However, the petitioner, if so advised, may

                   surrender before the learned District Court and seek regular bail.
          Patna High Court CR. MISC. No.8378 of 2026(5) dt.24-06-2026
                                                      2/2




                    In that case, the learned District Court may consider to disposed

                    of the bail application of the petitioner on the same day on the

                    basis of material which has come in course of investigation.

                                 5. Accordingly, the present bail application stands

                    disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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