Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11217 of 2026 Arising Out of PS. Case No.-150 Year-2024 Thana- Bypass District- Bhagalpur ====================================================== 1.
Santosh Kumar S/O Uday Kumar @ Uday Chandra Yadav R/O Vill.- Uttar Tila Khutaha, P.S.- Bypass, Dist.- Bhagalpur. 2.
Janendra Kumar @ Raman Raj S/O Kumar Yadav @ Kumar Parasad R/O Vill.- Khutaha, P.S.- Bypass, Dist.- Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXXXX S/O XXXXX R/O Vill.- Khutaha, P.S.- Bypass, Dist.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-03-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioners and Mr. Murli Dhar, learned APP for the State.
2. The petitioners have prayed for bail in connection with Bypass P.S. Case No. 150 of 2024 registered for the offence punishable under Sections 126(2), 127(2), 77, 352 and 3(5) of B.N.S. and Section 3⁄4 of POCSO Act and chargesheet has been submitted under Section 126(2), 127(2), 62, 64(1), 76, 77, 352 and 3(5) of the B.N.S., 2023 and Section 8/12 of the POCSO Act.
3. The case of the prosecution is that the petitioners along with others took the minor daughter of the informant to a secluded place with a purpose of outraging her modesty. It is further alleged that the victim raised alarm due to which the
Patna High Court CR. MISC. No.11217 of 2026(3) dt.11-03-2026 2/3 informant and others reached there and the accused persons fled away.
4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is only allegation that petitioners along with others have attempted to outrage the modesty. It has also been submitted that the occurrence is of 21.11.2024 and this case has been filed on 30.11.2024. There is delay of nine days in filing the case. It has also been submitted that the delay has not been explained. He further submits that similarly situated other co-accused namely, Durgesh Kumar has been granted bail by this court vide Cr. Misc. No. 69892 of 2025. Moreover, the petitioners are having no criminal antecedent and they are languishing in judicial custody since 26.11.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.11217 of 2026(3) dt.11-03-2026 3/3 Exclusive Special Court of POCSO-cum-District and Additional Sessions Judge 6th, Bhagalpur in connection with Bypass P.S. Case No. 150 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T