Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Mohit Kumar sought anticipatory bail after being implicated in a FIR alleging offences under the Bihar Narcotic Substances Act, 2023, the POCSO Act and the SC/ST (Prevention of Atrocities) Act. The informant claimed that Mohit asked for her mobile number, after which another person, Lakshmi Mahto, allegedly attempted to rape her. The petitioner contended that he was falsely implicated and that the informant’s allegations pointed to Lakshmi Mahto’s misconduct, not his. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, granted anticipatory bail subject to a cash bond and sureties, and imposed conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under the B.N.S., 2023, POCSO Act and SC/ST (POA) Act.
- Whether the petitioner was falsely implicated in the alleged offences.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 3(5), 352, 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(2), 3(i), 3(i)(r), 3(s), 3(va), 3(w)
Subjects
- anticipatory bail
- false implication
- POCSO Act
- SC/ST Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89667 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Mohit Kumar S/O Nandan Chandrabanshi @ Ramanandan Sah Resident of
village- Parnpura, P.S.- Dalsingsarai, Dist.- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sakshi Suman D/O Umesh Rajak Resident of Mokhtiyarpur, Salakhani,
Ward no. 15, P.S.- Dalsingsarai, Dist.- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 74, 76, 126(2),
115(2), 352 and 3(5) of B.N.S., 2023, Sections 8/12 of POCSO
Act as well as Section 3(i), (s), (w), 3(i)(r), 3(2), (va) of SC/ST
(POA) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that while she was returning home after delivering milk
at 06:30 p.m. on 27.01.2025, when petitioner intercepted her
and asked for her mobile number, on which, she disclosed that
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she does not keep mobile, further in the meantime, Lakshmi
Mahto came and petitioner on seeing Lakshmi Mahto fled, next
alleges that Lakshmi Mahto asked the informant what she was
talking with the boy, on which, informant disclosed that Mohit
was asking for her mobile number, on which, Lakshmi Mahto
said that she is having illicit relations with the boy, thereafter
Lakshmi Mahto acted inappropriately and forcefully took the
informant behind Khajurbani and tried to commit rape but on
alarm, passersby gathered and Lakshmi Mahto fled. It is next
alleged that father of the informant tried to locate the Lakshmi
Mahto but he was not located and on the next day when
Lakshmi Mahto met, he said that he will again commit such
occurrence, if they do not listen to him.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
informant does not allege that petitioner in any manner had
acted inappropriately with her rather from perusal of the
allegations, it appears that it was Lakshmi Mahto who harassed
and acted inappropriately with the informant.
5. Learned APP opposes the anticipatory bail
Patna High Court CR. MISC. No.89667 of 2025(2) dt.18-02-2026
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application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-VI-cum-Special Court (POCSO), Samastipur in
connection with Dalsingsarai P.S. Case No.31 of 2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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