Created by Fuzzy Cloud

Patna High Court

Gulshan Kumar @ Gulshan PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that no new ground existed to overturn its earlier order and therefore regular bail could not be granted.

Summary

The petitioner, Gulshan Kumar, sought regular bail in a POCSO case involving alleged rape, charged under Sections 65(1) and 70(2) of the Bihar Narcotic Substances Act, 2023 and Sections 4(2), 6, 8, and 10 of the POCSO Act, 2012. His earlier bail application had been rejected, and he remained in custody since November 2024. The petitioner argued that the trial was progressing, with five of eight charge‑sheeted witnesses already examined, and therefore new grounds existed for bail. The Court examined whether the progress of trial and the gravity of the alleged offence warranted a reconsideration of bail. Finding no fresh ground to depart from its earlier decision and emphasizing the seriousness of the charges, the Court dismissed the bail application. The Superintendent of Police was directed to ensure witness attendance in the ongoing trial.

Issues considered

  • Whether regular bail can be granted in a POCSO case when the trial is underway and several witnesses have been examined
  • Whether the gravity of the alleged offences under the B.N.S. Act and POCSO Act precludes the grant of bail

Legislation cited

Subjects

  • regular bail
  • POCSO
  • trial progress
  • gravity of offence
  • witness attendance
  • bail application dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90405 of 2025
                    Arising Out of PS. Case No.-777 Year-2024 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Gulshan Kumar @ Gulshan Paswan S/o Late Mukesh Paswan R/o Village -
                 Bahiro, P.S - Ara Nawada, District - Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    X D/o Y R/o Village - Bahiro, P.S - Ara Nawada, District - Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Awadhesh Kumar Pandey
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                     Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with POCSO Case No. 16 of

                   2025 arising out of Ara Nawada P.S. Case No. 777 of 2024

                   registered for the offence under Sections 65(1), 70(2) of BNS

                   and under Sections 4(2), 6, 8, 10 of the POCSO Act, 2012.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 16.04.2025 passed in Cr. Misc. No. 16701 of 2025

                   which reads as under:-

                                               “Heard learned counsel for the parties.
                                               2. This application for grant of regular bail
                                   arises out of Ara Nawada P.S. Case No.777 of 2024
                                   registered for the offence punishable under section
                                   65(1) & 70(2) of the B.N.S., 2023 and under section
          Patna High Court CR. MISC. No.90405 of 2025(2) dt.12-02-2026
                                                      2/2




                                    4,6,8 and 10 of the POCSO Act.
                                                 3. The petitioner and co-accused are said to
                                    have committed rape with the victim. The petitioner is
                                    in custody since 19.11.2024.
                                                 4. Considering the nature of allegation
                                    levelled against the petitioner, I am not inclined to
                                    grant the petitioner privilege of regular bail.
                                    Accordingly, this bail application is rejected.”
                                 3. It has very fairly been submitted by the learned

                    counsel for the petitioner that the trial is progressing and out of

                    eight charge-sheeted witnesses, five witnesses have already

                    been examined.

                                 4. In view of the fact that the trial is progressing and

                    the considering the gravity of the offence, this Court finds no

                    new ground to review its earlier order.

                                 5. Accordingly, this application is dismissed.

                                 6. The Superintendent of Police, Bhojpur is directed

                    to ensure the attendance of the witnesses in the trial.

                                 7. Let a copy of this order be communicated to the

                    Superintendent of Police, Bhojpur through FAX for its

                    compliance.


                                                              (Sandeep Kumar, J)
Vikas/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.