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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petitioner is not entitled to bail as there are no fresh grounds to alter the earlier denial, and the trial must be expedited.

Summary

The petitioner, Rahul Kumar, was arrested in September 2024 in connection with a POCSO case involving alleged offences under Sections 366(A) and 376(1) of the Indian Penal Code and Section 6 of the POCSO Act. He applied for bail, arguing that he had been in judicial custody for an extended period without substantive progress in the trial. The trial court had earlier denied regular bail, directing the lower court to expedite the proceedings. The High Court noted that, despite the framing of charges, the prosecution had not produced any witnesses and there were no fresh grounds to revisit the bail application. Consequently, the Court rejected the bail petition again, reiterating the directive to conclude the trial within five months and allowing a fresh bail application thereafter. The decision underscores the Court’s emphasis on expediting serious sexual offence trials while maintaining the status quo on bail where no new material emerges.

Issues considered

  • Whether the petitioner is entitled to bail in a case involving offences under Sections 366(A), 376(1) IPC and Section 6 POCSO Act despite prolonged pre‑trial detention.
  • Whether any fresh material or change in circumstances justifies revisiting the earlier bail denial.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual offences
  • pre‑trial detention
  • trial expeditiousness
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.86292 of 2025
                  Arising Out of PS. Case No.-47 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Rahul Kumar, S/O Kanhaiya Ram R/O Village- Sultanpur, P.S- Ramgarh,
                 Distt.- Kaimur at Bhabua.
                                                                    ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Sanjay Ram S/O Bihari Ram R/O Village- Sultanpur, P.O- Upari, P.S-
                  Ramgarh, Distt.- Kaimur at Bhabua.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr.Upendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The petitioner seeks bail in connection with POCSO

                   Case No. 92 of 2025, arising out of Ramgarh P.S. Case No. 47

                   of 2024, instituted for the offences under Sections 366(A) of the

                   Indian Penal Code.

                             3. Earlier vide order dated 02.04.2025 passed in Cr.

                   Misc. No. 74839 of 2024, regular bail of the petitioner was

                   rejected by this Court considering the nature and gravity of the

                   offence with a direction to the learned Court below to expedite

                   the trial.

                             4. In compliance of the order dated 12.12.2025, a report

                   dated 22.12.2025 with regard to the present stage of trial has

                   been received. From perusal of the aforesaid report, it appears
           Patna High Court CR. MISC. No.86292 of 2025(3) dt.09-02-2026
                                                       2/2




                     that charge has been framed u/s 376(1) and 366 of I.P.C. and u/s

                     6 of the POCSO against the petitioner. It is further reported that

                     there is nine witness in this case and till date no witness has

                     been produced by the prosecution.

                              5. Learned counsel for the petitioner submits that the

                     petitioner is languishing in judicial custody since 01.09.2024

                     without any rhymes or reason.

                              6. Learned APP for the State opposes the prayer for

                     grant of bail.

                              7. There is no fresh ground to consider the bail petition

                     of the petitioner.

                                  8. In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously

                     preferably within a period of five months from today. If the trial

                     is not concluded within the period of five months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.


                                           (Rudra Prakash Mishra, J)

manish/-

U      T


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