Patna High Court
Vikash kumar @ VikasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there is no ground to grant regular bail and the earlier order denying bail stands.
Summary
The petitioner, Vikash Kumar, applied for regular bail in a case registered under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 12 of the POCSO Act. The allegations involve the petitioner obtaining a naked photograph of the minor victim during a WhatsApp video call and the victim producing a video of intimate moments during investigation. The petitioner has been in custody since 6 January 2025 and the charges have already been framed with the trial underway. The High Court, recalling its earlier order dismissing the bail application, found no sufficient ground to review that decision given the gravity of the offences. Consequently, the application for regular bail was rejected and the earlier order upheld.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of offences under the Bharatiya Nyaya Sanhita and POCSO Act
- Whether the earlier bail denial can be reviewed at this stage of the proceedings
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64(1)
- Protection of Children from Sexual Offences Act — s. 12, 6
Subjects
- bail
- regular bail
- sexual offence
- child sexual abuse
- POCSO Act
- Bharatiya Nyaya Sanhita
- high court
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85225 of 2025
Arising Out of PS. Case No.-186 Year-2024 Thana- MUSRIGHRARI District- Samastipur
======================================================
Vikash kumar @ Vikas S/O Baidhanath Paswan R/O Village - Kushaiya
Rampur Kusahia,Word.No. 07, P.S. Warisnagar, District Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X D/O Brahm Devdas R/O Vill.- Chhatwari,Ward No.- 04, P.S- Ujyarpur,
Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan
For the Opposite Party/s : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Musarigharari P.S. Case
No. 186 of 2024 registered for the offence under Sections 64(1)
of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 12 of
the POCSO Act.
3. Earlier the bail application of the petitioner was
rejected on 06.08.2025 in Cr. Misc. No. 27225 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner, learned APP for the
State and the learned counsel for
the informant.
2. The petitioner seeks regular bail in
Patna High Court CR. MISC. No.85225 of 2025(2) dt.31-01-2026
2/2
connection with Musarigharari P.S.
Case No. 186 of 2024 registered
for the offence under Sections
64(1) of the Bharatiya Nyaya
Sanhita, 2023 and Section 6, 12 of
the POCSO Act.
3. As per the case zero FIR has been
launched at New Delhi by the
victim herself, the petitioner on the
pretext of love affair obtained
naked photograph of the victim
during the Whatsapp video call.
4. The video of the intimate moments
of the petitioner and the victim
have been produced by the victim
girl duringinvestigation. The
Petitioner is in custody since
06.01.2025.
5. Considering the gravity of the
offence and the nature of the
accusation, I am not inclined to
grant regular bail to the petitioner.
Accordingly, this application for
regular bail is hereby dismissed.
4. The charges have been framed and the trial has
started. This Court finds no ground to review its earlier order.
Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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