Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail cannot be granted at this stage of trial for a serious offence such as rape of a minor.
Summary
Neeraj Kumar was charged under Section 70(2) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act for alleged rape of a minor. He applied for regular bail while in judicial custody since 31.05.2025. The trial court had already examined four of six prosecution witnesses. The State opposed bail, noting the victim’s adverse testimony and the seriousness of the offence. Citing the Apex Court’s pronouncement that courts should be loath to grant bail once trial commences in serious crimes, the Patna High Court rejected the bail petition, allowing a re‑application after three months if the trial remains pending, and directed the trial court to expedite the proceedings.
Issues considered
- Whether regular bail can be granted to an accused of rape of a minor at the stage where the trial has commenced and prosecution witnesses have been examined.
- Whether the seriousness of the offence and the stage of trial outweigh the presumption of innocence in deciding bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- rape
- minor
- POCSO
- serious offence
- trial stage
- high court
- regular bail
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9487 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Neeraj Kumar S/o Dharmendra Kumar Resident of Giriyak Road, Rajgir,
Police Station- Rajgir, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o X R/o vill - Satakpur, P.S.- Bind, Distt.- Nalanda, Presently R/o
Backside of Kailash Ashram, P.S.- Rajgir, Distt.- Nalanda, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sameer Sawarn, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Rajgir P.S. Case No. 294 of 2025 instituted for
the offence under Sections 70(2) of the BNS and Section 04/06
of the POCSO Act.
3. The case of the prosecution is that the petitioner
along with others has committed rape with a minor girl.
4. In this case, the stage of trial was also called for
from the learned trial court. From perusal of the learned trial
court, it is clear that out of 6 witnesses, 4 witnesses have been
examined.
Patna High Court CR. MISC. No.9487 of 2026(6) dt.17-06-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioner is innocent and committed no offence. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent and is languishing in judicial custody
since 31.05.2025.
6. Learned APP for the State has vehemently opposed
the prayer of bail of the petitioner.
7. It is further submitted that on being specifically
asked, it was stated that the victim has already been examined in
this case and has not supported the petitioner.
8. Learned counsel has further relied upon paragraph
‘14’ of the judgment of the Honble Apex Court in the case of
X v. State of Rajasthan which is being given hereunder:-
14. Ordinarily in serious offences like rape, murder,
dacoity, etc., once the trial commences and the prosecution
starts examining its witnesses, the Court be it the Trial
Court or the High Court should be loath in entertaining the
bail application of the accused.
9. Having heard the learned counsel for the parties
and considering the facts and circumstances of this case as
stated above, this court is not inclined to enlarge the petitioner
on bail at this stage and, as such, his prayer for bail stands
rejected.
10. However, the petitioner will be at liberty to renew
Patna High Court CR. MISC. No.9487 of 2026(6) dt.17-06-2026
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his prayer for bail after three months if the trial is not
concluded. The learned trial court is directed to expedite the trail
and conclude the same within the said period.
(Ashok Kumar Pandey, J)
Sneha/-
U T
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