Patna High Court
Upesh Kumar @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Upesh Kumar, was arrested in connection with a case registered under Section 64(1) of the Bihar Narcotic Substances Act and Sections 4, 6 and 8 of the POCSO Act, alleging that he had raped a minor and caused her injury. The prosecution alleged that the offence occurred on 24-04-2025 after the petitioner gave the victim a tablet that caused bleeding. The defence argued that the victim, examined as PW‑3, denied any occurrence, stating she was suffering from fever and anemia, and that no proper statement was recorded by police. The petitioner also claimed to have no prior criminal record and had been in judicial custody since 14-05-2025. After hearing both sides, the Patna High Court, considering the lack of conclusive evidence and the victim’s denial, ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the accused in a case involving alleged rape under the POCSO Act and an offence under the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 64(1)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8
Subjects
- regular bail
- POCSO Act
- rape
- Bihar Narcotic Substances Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88864 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Upesh Kumar @ Mukesh Kumar S/O Lalan Bharti @ Lalan Kumar R/O
Village - Gangti, P.S- Imamganj, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Kumari D/O Hardeo Bhuiyan R/O Vill.- Maigra, P.S- Imamganj, Dist-
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 64(1) of
BNS and Sections 4, 6 and 8 of the POCSO Act
3. The case of the prosecution is that the petitioner has
committed rape with the informant of this case two months prior
to this FIR and on 24.04.2025, he gave her a tablet due to
which, the informant started bleeding and she disclosed it to her
sister-in-law and after that she was admitted in hospital.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.88864 of 2025(4) dt.19-03-2026
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counsel for the petitioner has submitted that in this case, trial is
in progress and the victim has been examined in this case as
PW-3. She has stated in her examination-in-chief that no
occurrence has taken place rather she was suffering from fever
and she has been to hospital and was suffering from anemia.
Polic has not taken her statement rather her signature was taken
on a plain paper. She has further stated that prior to this
statement, no statement was recorded. Learned counsel has
submitted that from perusal of the evidence of victim, it is clear
that she has denied the occurrence. It has further been submitted
that as per the case of the prosecution, the first act was done two
months prior to the occurrence. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
14.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. 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 released on bail in connection with
Imamganj P.S. Case No. 140 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.88864 of 2025(4) dt.19-03-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
POCSO cum Additional Sessions Judge-VII, Gaya Ji.
(Ashok Kumar Pandey, J)
shubham/-
U T
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