Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties, without prejudice to the trial.
Summary
Vivek Kumar was arrested in connection with a case registered under Sections 115(2), 126(2), 75(2), 76 and 78(2) of the Bharatiya Nyaya Sanhita for alleged molestation of a victim. The petitioner contended that he was falsely implicated, claiming the complaint arose from a trivial dispute over grazing rights with the informant. He had been in custody since 22 October 2025 and applied for regular bail. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, while expressly limiting the order to bail and not expressing any view on the merits of the case.
Issues considered
- Whether bail should be granted in a case involving alleged molestation under the specified sections of the Bharatiya Nyaya Sanhita
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
- Whether the alleged false implication and the nature of the dispute justify bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 75(2), 76, 78(2)
Subjects
- bail
- criminal procedure
- sexual offences
- Bharatiya Nyaya Sanhita
- false accusation
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90708 of 2025
Arising Out of PS. Case No.-624 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Vivek Kumar S/O Dhruv Das R/O Vill.- Bada Bariyarpur, Ward no. 45, P.S.-
Chhatauni, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX W/O Rambalak Sah R/O Vill.- Bada Bariyarpur, Ward no. 45, P.S.-
Chhatauni, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhatauni P.S. Case No. 624 of 2025 registered for the offence
punishable under Sections 115(2), 126(2), 75(2), 76 and 78(2) of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is alleged
to have molested the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned counsel further submits that on account of a
trivial dispute regarding grazing on the field, led to hot talk
between the petitioner and the informant and due to which the
Patna High Court CR. MISC. No.90708 of 2025(4) dt.31-03-2026
2/2
present false case has been instituted against the petitioner. The
petitioner is in custody since 22.10.2025.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned 6 th
District& Additional Sessions Judge-cum-Exclusive Special
Judge, POCSO Act, East Champaran, Motihari, Bihar/
concerned Court in connection with Chhatauni P.S. Case No.
624 of 2025.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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