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Patna High Court

Aditya Tiwari @ Raju TiwariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner.

Summary

The petitioner, Aditya Tiwari, was arrested in connection with a case registered under Sections 64, 351(3), 3(5) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act, alleging that he and others made a girl a habitual drug user and sexually exploited her as a sex slave, even recording her intimate moments. The petitioner applied for regular bail, claiming false implication, no prior criminal record, and willingness to cooperate, while the State opposed the bail. The court examined the seriousness of the offences and the victim's statement. Considering the gravity of the alleged crimes and the impact on the victim, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in offences under the Bihar Narcotic Substances Act and the POCSO Act given the seriousness of the allegations.
  • Whether the petitioner poses a risk of tampering with evidence or influencing the victim.

Legislation cited

Subjects

  • bail
  • POCSO
  • sexual exploitation
  • narcotic substances
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89197 of 2025
                      Arising Out of PS. Case No.-529 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Aditya Tiwari @ Raju Tiwari S/O Pramod Tiwari R/O Village- Sabeya Kutti,
                 P.S.- Kateya, District- Gopalganj.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    XXX W/O Nand Kishore Ojha R/O Village- Gaora, P.S- Kateya, Distt.-
                 Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Javed Aslam, Advocate
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   21-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Kateya

                   P.S. Case No. 529/2025 registered for the offences punishable

                   under Sections 64, 351(3), 3(5) of B.N.S. and Sections 4 and 6

                   of POCSO Act.

                                3. As per the prosecution case, petitioner and others

                   are said to have made the informant habitual of taking drugs

                   and thereafter subjected her to sexual exploitation by treating

                   her as sex slave. It is further alleged that they were using her for

                   sexual acts with different persons and had also recorded her

                   intimate moments.
              Patna High Court CR. MISC. No.89197 of 2025(4) dt.21-04-2026
                                                          2/2




                                     4. Learned counsel for the petitioner submits that

                        petitioner has falsely been implicated in the case. Learned

                        counsel further submits that he has no criminal antecedent and

                        he is in custody since 22.09.2025. The petitioner undertakes to

                        co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence and the

                        statement of the victim girl, this Court is not inclined to grant

                        bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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