Patna High Court
Lal Babu Prasad @ Lal Babu GuptaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 8, 9
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
2/2
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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