Patna High Court
Vikash Paswan @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- MOHIT KUMAR SHAH
Holding
The petition is dismissed as not pressed.
Summary
The petitioner, Vikash Paswan, filed a petition seeking regular bail in a POCSO case (Case No. 13 of 2022) involving offences under Sections 376(D), 376(DA), 120(B), 506, 509 of the Indian Penal Code and Section 6 of the POCSO Act. The petition was filed before the Patna High Court after a report dated 16‑12‑2025 from the District and Additional Sessions Judge‑VI (POCSO), Gaya, indicated that the trial was likely to conclude within three to four months. The petitioner’s counsel, considering this report and an earlier order of the Court dated 05‑12‑2025, decided not to pursue the bail application. The Court noted that the petition was not being pressed and therefore could not be entertained. Consequently, the High Court dismissed the petition as not pressed, without addressing the merits of the bail request.
Issues considered
- Whether regular bail should be granted to the petitioner in the POCSO case
- Whether the petition remains maintainable when the petitioner’s counsel decides not to press it
Legislation cited
- Indian Penal Code — s. 120(B), 376(D), 376(DA), 506, 509
- Protection of Children from Sexual Offences Act, 2012 — s. 6
Subjects
- regular bail
- POCSO
- Indian Penal Code
- non‑pressing of petition
- High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85533 of 2025
Arising Out of PS. Case No.-45 Year-2021 Thana- MAHILA PS District- Gaya
======================================================
Vikash Paswan @ Vikash Kumar Son of Vijay Paswan R/o Village - Patluka,
P.S. - Dhangai, Dist. - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o of Late Dilip Singh R/o Village - Patluka, P.S. - Dhangai, Distt. -
Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mrs.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 16-01-2026 Though the present petition has been filed by the
petitioner for grant of regular bail in connection with POCSO
Case No. 13 of 2022, arising out of Gaya Mahila P.S. Case No.
45 of 2021, registered for the offence punishable under Sections
376(D), 376(DA), 120(B), 506 and 509 of the Indian Penal
Code and Section 6 of the POCSO Act, however at the outset,
the learned counsel for the petitioner, considering the report
dated 16.12.2025, furnished by the learned Court of District and
Additional Sessions Judge-VI (POCSO), Gaya in view of the
earlier order of this Court dated 05.12.2025 to the effect that the
trial is likely to be disposed off within three to four months,
seeks not to press the present petition.
Patna High Court CR. MISC. No.85533 of 2025(3) dt.16-01-2026
2/2
2. Accordingly, the present petition stands dismissed as not
pressed.
(Mohit Kumar Shah, J)
S.Sb/-
U T
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