Patna High Court

Rajesh PrasadversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The petition for pre‑arrest bail was denied due to the seriousness of the offence and the victim's supportive statement.

Summary

The petitioner, Rajesh Prasad, was charged under Section 65(1) of the Bihar Narcotic Substances (BNS) Act and Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act for alleged sexual assault on a minor. The victim, a minor, gave a statement to the police under Sections 180 and 183 of the BNS Act, supporting the prosecution's case. The petitioner applied for pre‑arrest bail, arguing that his apprehension of arrest was unwarranted. The court examined the seriousness of the alleged offences and the victim's corroborated statement. Considering the gravity of the charges and the minor's testimony, the court rejected the petition for pre‑arrest bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged sexual assault of a minor under the BNS Act and POCSO Act.

Legislation cited

Bihar Narcotic Substances Act — s. 180, 183, 65(1)
Protection of Children from Sexual Offences Act — s. 4, 6

Subjects

pre‑arrest bail
sexual assault
minor
POCSO Act
bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84942 of 2025
                   Arising Out of PS. Case No.-326 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Rajesh Prasad S/O Rampravesh Prasad @ Khalifa Prasad Resident of Village-
                 Dihiya Bintoli, P.S.- G.B. Nagar, District- Siwan

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Patna
           2.    Ms. X W/O Y R/o Vill.- Dihiya Bintoli, P.O.- Daniyalpur, P.S - G.B. Nagar,
                 District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     Mr. Ramchandra Singh, Advocate

                 For the Opposite Party/s :     Mr. Sanjay Kumar Tiwary, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                           Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends arrest in a case registered for
                   the offence punishable under sections 65 (1) of BNS and 4, 6
                   of POCSO Act.
                                 3 . As per F.I.R. this petitioner is alleged to have
                   committed sexual assault with the victim.
                                 4. The victim is minor and has supported the

                   prosecution case , in her statement recorded under Sections 180

                   and 183 BNSS.

                                 5 . Considering the nature of accusation and gravity

                   of offence and statement of the victim recorded under Sections
            Patna High Court CR. MISC. No.84942 of 2025(2) dt.06-01-2026
                                                        2/2




                      180 and 183 BNSS prayer for pre-arrest bail of the petitioner is

                      rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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