Patna High Court
Sujeet kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Sujeet Kumar was arrested on 6 November 2022 in connection with FIR No. 462 of 2022 and charged under IPC sections 363 and 366(A), Section 12(5) of the Prohibition of Child Marriage Act and sections 4 and 6 of the POCSO Act. The petitioner has been in custody for over three years, and earlier applications for bail were rejected on 20 July 2023 and 9 May 2025. The trial court report dated 31 January 2026 indicated that charges were framed on 4 October 2024 but no prosecution witness had been examined, and there was no prospect of an early conclusion of the trial. The petitioner’s counsel argued that the allegations were false, the petitioner has a clean antecedent, and continued detention would be unjustified. The State opposed bail, citing the seriousness of the offences. The High Court, considering the prolonged custody and lack of trial progress, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the prolonged period of pre‑trial detention
- Whether the lack of trial progress and absence of examined prosecution witnesses justify bail
Legislation cited
- Indian Penal Code — s. 363, 366(A)
- Prohibition of Child Marriage Act — s. 12(5)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- pre‑trial detention
- IPC
- POCSO Act
- Prohibition of Child Marriage Act
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85568 of 2025
Arising Out of PS. Case No.-462 Year-2022 Thana- GORAUL District- Vaishali
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Sujeet Kumar S/o Laxman Bhagat @ Lakshman Bhagat R/O Vill.- Surhatha
Dharampur, P.S.- Belsar O.P., Dist.- Vaishali, Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 13-02-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel
for the petitioner, learned counsel for the informant and Mr.
Manoj Kumar, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
06.11.2022 in connection with S.Tr. No. 314 of 2023 arising
out of Goraul P.S. Case No. 462 of 2022, FIR dated
19.10.2022 registered for the offence punishable under
Sections 363 and 366(A) of the Indian Penal Code later on
charge framed under Sections 363, 366(A) of Indian Penal
Code and Section 12(5) of Prohibition of Child Marriage Act
and 4/6 of POCSO Act.
3. Earlier, the prayer for bail of the petitioner was
Patna High Court CR. MISC. No.85568 of 2025(3) dt.13-02-2026
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rejected vide order dated 20.07.2023 in Cr. Misc. No. 26916
of 2023. Thereafter, the petitioner has again moved before this
Hon'ble Court for grant of bail in Cr. Misc. No. 12734 of 2025
and the same was rejected vide order dated 09.05.2025.
4. Learned counsel for the petitioner submits that
petitioner is in custody since 06.11.2022 and the trial is not in
progress. Learned counsel for the petitioner further submits
that the petitioner has clean antecedent. The allegation as
alleged in the FIR is false and fabricated and the petitioner has
not committed any offence as alleged in the FIR.
5. Vide order dated 22.12.2025, a report was called
for with regard to the present stage of trial. Report of the
learned Trial Court dated 31.01.2026 reveals that charge has
been framed against the petitioner on 04.10.2024 and despite
of issuing summons, bailable and non-bailable warrants but
there is no prosecution witness has been examined as yet.
6. Learned counsel further submits that in view of
the report of the learned Trial Court that there is no chance of
early conclusion of the trial in near future and petitioner is in
custody since 06.11.2022.
7. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
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bail of the petitioner.
8. Considering the aforesaid facts and report of
learned Trial Court as well as the period of custody, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional
Sessions Judge-6th-cum-Special Judge POCSO, Vaishali at
Hajipur in connection with S.Tr. No. 314 of 2023 arising out
of Goraul P.S. Case No. 462 of 2022, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
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his/her criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ankit Kumar/-
U T
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