Patna High Court

Abhishek KumarversusThe State Of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court inclined to release the petitioner on regular bail.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a case registered under Sections 137(2), 96 and 3(5) of the BNS and Section 4 of the POCSO Act. He has been in custody since 10 September 2025 and claims no prior criminal record. The victim later withdrew her statement and did not support the prosecution's allegations before the Judicial Magistrate. The State did not oppose the bail application, while the informant argued that the police had deliberately failed to lodge an FIR under the POCSO Act. Considering the victim’s non‑cooperation, the completion of the investigation, and the lack of opposition from the State, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite charges under the BNS and POCSO Act.
Whether the victim’s withdrawal of her statement affects the merit of the prosecution’s case.
Whether the alleged failure to lodge an FIR under the POCSO Act warrants denial of bail.

Legislation cited

BNS — s. 137(2), 3(5), 64(1), 96
POCSO Act — s. 4

Subjects

regular bail
criminal procedure
victim statement
POCSO Act
BNS
non‑cooperation of victim
investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86041 of 2025
                   Arising Out of PS. Case No.-667 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Abhishek Kumar S/O Munna Singh Resident Of Village- Bajitpur, Ps-
                 Kajipur, (Hajipur Sadar), Dist.- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XX W/O YY Resident Of Village- Bajitpur, P.O.- Sarai, P.s.- Kajipur, Dist.-
                 Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivjee Singh, Adv.
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad, APP
                 For the Informant        :       Mr. Santosh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                  Heard Mr. Shivjee Singh, learned counsel for the

                   petitioner, Mr. Nawal Kishore Prasad, learned APP for the State

                   and Mr. Santosh Kumar, learned counsel for the informant.

                                2. Petitioner seeks regular bail in connection with

                   Hajipur Sadar P.S. Case No. 667/ 2025 dated 20.08.2025

                   registered for the offence(s) punishable under Sections 137(2),

                   96 and 3(5) of the BNS in which after investigation charge sheet

                   has been submitted under sections 137(2), 96 and 64(1) of the

                   BNS and section 4 of the POCSO Act.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner has been languishing in jail since

                   10.09.2025 and he bears no criminal antecedent and the victim
Patna High Court CR. MISC. No.86041 of 2025(2) dt.09-01-2026
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          herself returned back and denied the prosecution’s allegation

          and a copy of her statement recorded under section 183 of the

          BNSS has been filed with this petition (Annexure- P-2).

                       4. The learned APP appearing for the State does not

          oppose the bail prayer of the petitioner and accepts that the

          victim has not supported the prosecution’s allegation in her

          statement before the Judicial Magistrate.

                       5. Learned counsel for the informant has opposed the

          bail prayer of the petitioner and submits that the concerned

          police official intentionally did not lodge the FIR under the

          POCSO Act as the victim is below 18 years of age and there is

          serious allegation against the petitioner.

                       6. In the facts and circumstances of this case and

          considering the aforesaid submissions advanced by the

          petitioner’s counsel as well as averments made in this petition

          coupled with the victim’s statement made before the Judicial

          Magistrate in which she did not support the prosecution’s

          allegation as well as the petitioner’s custody period and

          completion of the investigation against him, this court is

          inclined to release the petitioner on bail. Accordingly, let the

          petitioner named-above be released on bail in connection with

          Hajipur Sadar P.S. Case No. 667/ 2025 on furnishing bail bond
            Patna High Court CR. MISC. No.86041 of 2025(2) dt.09-01-2026
                                                        3/3




                      of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

                      the like amount each to the satisfaction of the Court concerned.



                                                (Shailendra Singh, J)
BKS/-

U       T

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