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Patna High Court

Asgar AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Asgar Ali, was arrested on 1 November 2025 in connection with a case alleging that he lured and assaulted the informant's daughter, culminating in the child being pushed into water. The charges include offences under Sections 74, 75 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 8 of the POCSO Act. The victim’s statement recorded under Section 183 of the BNSS did not mention any sexual assault and she refused a medical examination, while the petitioner asserted a clean antecedent and claimed false implication due to local politics. The prosecution opposed bail, arguing the seriousness of the alleged offences. The court, noting the absence of a sexual assault allegation in the victim’s statement and the petitioner’s clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge POCSO‑cum‑D.A.S.J‑VI, Bettiah.

Issues considered

  • Whether bail should be granted to the accused in offences under the Bharatiya Nyay Sanhita and the POCSO Act given the victim’s statement and refusal of medical examination.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO Act
  • Bharatiya Nyay Sanhita
  • victim statement
  • medical examination refusal
  • clean antecedent
  • conditions of bail

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.88142 of 2025
               Arising Out of PS. Case No.-234 Year-2025 Thana- CHANPATIA District- West Champaran
               ======================================================
               Asgar Ali S/O Nazrul Mian Resident of Vill- Fatehpur, P.S.- Chanpatiya, Dist-
               West Champaran                                      ... ... Petitioner/s
                                                Versus
          1.    The State of Bihar
          2.    X W/O Ramayan Sah R/O Vill.- Mahna Chowk,P.S- Gopalpur, Dist- West
                Champaran
                                                              ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s    :       Mr. Sanjeev Kumar, Advocate
               For the State           :       Mr. Ashok Kumar Singh, APP
               For the Informant       :       Ms. Preeti Kumari, Advocate
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

3 02-04-2026                     Heard Mr. Sanjeev Kumar, learned counsel for the

               petitioner, Mr. Ashok Kumar Singh, learned Additional Public

               Prosecutor for the State as well as Ms. Preeti Kumari, learned

               counsel for the Informant.

                           2. Petitioner seeks bail who is in custody since

               01.11.2025 in connection with Chanpatiya P.S. Case No.234 of

               2025, F.I.R. dated 31.10.2025 for the offences punishable under

               Sections 74, 75, 3(5) of the Bharatiya Nyay Sanhita, 2023 and

               Section 4, 8 of POCSO Act.

                           3. According to prosecution case, it is alleged that the

               when the daughter of the informant was playing in the school

               during lunch time then the petitioner along with other co-accused

               person lured her and took her to graveyard at some distance from
Patna High Court CR. MISC. No.88142 of 2025(3) dt.02-04-2026
                                            2/3




       Dumra village and asked her to take some medicine and biscuits.

       When she refused, they started teasing her and when she shouted

       they pushed her in water. At the same time, a man coming on bike

       pulled her out of water and dropped her home.

                   4. Learned counsel for the petitioner submits that

       petitioner has clean antecedent and he has falsely been implicated

       in the present case due to some ulterior motive and village

       politics. The statement of the victim was recorded under Section

       183 BNSS in which she did not state anything about sexual

       assault and apart from that it has come in paragraph no.42 of the

       case diary that the victim has refused for her medical examination.

       He further submits that the police after investigation submitted the

       charge sheet against the petitioner and the petitioner is in custody

       since 01.11.2025.

                   5. The learned Additional Public Prosecutor and learned

       counsel for the Informant have vehemently opposed the prayer for

       bail of the petitioner.

                    6. Considering the aforesaid facts and circumstances,

       petitioner has clean antecedent and the victim did not state

       anything about sexual assault and she had refused for her medical

       examination, let the petitioner, above named, be released on bail

       on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
            Patna High Court CR. MISC. No.88142 of 2025(3) dt.02-04-2026
                                                        3/3




                   sureties of the like amount each to the satisfaction of the learned

                   Special Judge POCSO-cum-D.A.S.J-VI, Bettiah, West Champaran

                   in connection with Chanpatiya P.S. Case No.234 of 2025, subject

                   to 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 absence on two consecutive dates without sufficient

                    reason, his 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 his 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)
Suruchi/-

U      T


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