Patna High Court
Phuldeo Kumar @ Phuldeo RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
Phuldeo Kumar was arrested in connection with a case alleging that he forcibly applied vermilion on a 16‑year‑old girl and, when she resisted, his family beat her. He was charged under Sections 126(2), 115(2), 74 and 3(5) of the Bihar Narcotic Substances Act and Sections 8 and 12 of the POCSO Act. The petitioner, represented by Mr. Prem Prakash Poddar, claimed innocence, cited a single prior criminal record, and had been in custody since 8 September 2025. The State, through the Additional Public Prosecutor, opposed regular bail. The Court considered the length of custody, the nature of the offences, and the petitioner’s undertaking to cooperate, and consequently granted regular bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S. and POCSO Acts
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
Legislation cited
Subjects
- bail
- POCSO
- child sexual abuse
- regular bail
- criminal procedure
- Bihar Narcotic Substances Act
- vermilion incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84503 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- PUSA District- Samastipur
======================================================
Phuldeo Kumar @ Phuldeo Rai Son of Late Brahamdeo Ray Resident of
Village- Mahmadpur Deopar, P.S.-Pusa, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o YYY Resident of Village-Mahmadpur Deopar, P.S.- Pusa,
District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Prakash Poddar, Advocate
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 07-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Pusa
P.S. Case No. 102/2025 registered for the offences punishable
under Sections 126(2), 115(2), 74 and 3(5) of B.N.S. and
Sections 8/12 of POCSO Act.
3. As per the prosecution case, the petitioner forcibly
applied vermilion on a 16-year-old girl and when she resisted,
his family beat her, later the villagers rescued them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.84503 of 2025(5) dt.07-04-2026
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present case. Learned counsel further submits that petitioner has
one criminal antecedent and he is in custody since 08.09.2025.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody of the petitioner,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-VI- cum-
Special Court, POCSO, Samastipur/concerned Court below in
connection with Pusa P.S. Case No. 102/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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