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Patna High Court

Lal Babu Prasad @ Lal Babu GuptaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the case was at an advanced stage and scheduled for judgment.

Summary

The petitioner, Lal Babu Prasad, was charged with rape of the informant’s minor daughter under Section 376 of the Indian Penal Code and Sections 8 and 9 of the POCSO Act. He applied for bail, claiming he was falsely implicated and has no prior criminal record, though he has been in custody since 12‑03‑2020. The State and the informant opposed bail, noting that the trial had concluded its evidence phase and a judgment was scheduled for 26‑02‑2026. The Court considered the advanced stage of the proceedings and the seriousness of the offences. It held that granting bail at this juncture would be inappropriate. Consequently, the bail application was rejected.

Issues considered

  • Whether bail can be granted at an advanced stage of trial for offences under Section 376 IPC and POCSO Act.
  • Whether the petitioner’s claim of false implication and lack of criminal antecedent justify bail.

Legislation cited

Subjects

  • bail
  • rape
  • child sexual abuse
  • IPC
  • POCSO Act
  • advanced stage of trial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90192 of 2025
                     Arising Out of PS. Case No.-57 Year-2020 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Lal Babu Prasad @ Lal Babu Gupta S/O Late Shiv Sah R/O Village -
                 Phulwaria, P.S- Dhaka, Distt. - East Champaran
                                                                  ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Ganesh Prasad S/O Bibhishan Prasad R/O Vill.- Arya Samaj Gurukul Roa,
                  Ward No.- 6, P.S- Bairgania, Dist- Sitamarhi
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suresh Prasad Bhakta
                 For the Opposite Party/s :       Mr.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 376 of the Indian Penal Code

                   and Section 8/9 of the POCSO Act.

                                3. Petitioner is said to have committed rape with the

                   minor daughter of the informant.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner has been falsely implicated in this

                   case but he also admits that all the witnesses have been

                   examined in this case but the petitioner is in custody since

                   12.03.2020 with no criminal antecedent.
             Patna High Court CR. MISC. No.90192 of 2025(3) dt.24-02-2026
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                                    5. Learned APP for the State and learned counsel for

                       the informant have opposed the application for bail and informs

                       this Court that after closing of the entire evidence the case has

                       now been posted for judgment on 26.02.2026.

                                        6. Considering the advance stage of the case and

                       especially considering the fact that it has now been posted for

                       judgment, there is no question for grant of bail, I am not

                       inclined to enlarge the petitioner on bail. Accordingly, his prayer

                       for bail is rejected in connection Bairgania P.S. Case No. 57 of

                       2020.

                                                 (Soni Shrivastava, J)
devendra/-

U      T


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