Patna High Court
Gulshan Kumar @ Gulshan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act, 2023 — s. 65(1), 70(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 4(2), 6, 8
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.