Patna High Court

Manoj Ray @ Avinash KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Manoj Ray, a medical store owner, was arrested in a special POCSO case (No. 287 of 2025) for alleged offences under Sections 126(2), 115(2), 74, 75, 352 of the B.N.S., 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged that the informant was teased by the petitioner while purchasing medicines, leading to the informant raising an alarm. The petitioner claimed innocence, asserted a lack of criminal antecedent, and argued that the matter had been compromised, a position supported by the informant. The State opposed bail, but the court, after hearing both sides and noting the compromise, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with before the Special Judge of the POCSO Act in Patna.

Issues considered

Whether bail should be granted to the accused in a special POCSO case despite serious allegations.
Whether the existence of a compromise between the parties influences the grant of bail.

Legislation cited

B.N.S., 2023 — s. 115(2), 126(2), 352, 74, 75
POCSO Act — s. 12, 8

Subjects

bail
POCSO Act
compromise
criminal procedure
special POCSO case
medical store owner
sections 126(2) 115(2) 74 75 352
sections 8 12

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87357 of 2025
                         Arising Out of PS. Case No.-752 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Manoj Ray @ Avinash Kumar S/o Late Shahdev Rai R/o - Hanumanganj
                 Sarai, P.S - Maner, District - Patna
                                                                   ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     X D/o Kedar Rai R/o - Hanumanganj Sarai, P.S - Maner, District - Patna
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Special POCSO Case No. 287 of 2025 arising out of Maner P.S.

                   Case No. 752 of 2025 registered for the offence punishable under

                   Sections 126(2), 115(2), 74, 75, 352 of the B.N.S., 2023 and

                   Section 8/12 of the POCSO Act.

                                 3. The case of the prosecution in short is that the

                   petitioner is a medical store owner, and it is alleged that while the

                   informant has gone to purchase some medicines, he has teased

                   her. When she raised the alarm, she was being left by the

                   petitioner.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned
          Patna High Court CR. MISC. No.87357 of 2025(2) dt.05-01-2026
                                                      2/2




                    counsel for the petitioner has submitted that the petitioner and the

                    informant are of same locality and they have compromised the

                    case and a compromise petition has been filed in the learned trial

                    court in this regard. He further submits that a statement has been

                    made in para 3 of the petition that petitioner has no criminal

                    antecedent and he is languishing in judicial custody since

                    10.10.2025.

                                 5. Learned counsel for the informant is present and he

                    has also supported that this case has been compromised.

                                 6. The application for bail is opposed by learned APP

                    for the State.

                                 7. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioner on bail.          The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                    the like amount each to the satisfaction of the learned A.D.J.-VII-

                    cum-Exclusive Special Judge, POCSO Act, Patna in connection

                    with Special POCOS Case No. 287 of 2025 arising out of Maner

                    P.S. Case No. 752 of 2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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