Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11907 of 2025 Arising Out of PS. Case No.-788 Year-2023 Thana- DANAPUR District- Patna ====================================================== Bipin Kumar S/O Baleshwar Prasad Resident of Village- Erki, P.SMohanpur, Distt.- Gaya, At present resident of Balaji Nagar, P.S- Danapur, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Sharma, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP For the Informant :

Mr.Sandeep Jha, Adv.

Mr. Aditya Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and Learned Counsel for the Informant.

2. The petitioner seeks regular bail in connection with Special Case No.167 of 2023, arising out of Danapur P.S. Case No.788 of 2023 lodged under Sections 376, 511 and 506 of the I.P.C. read with sections 8/12 of the POCSO Act, which is pending before Addl. Sessions Judge-VII-cum-Exclusive Special Court, POCSO Act, Patna.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected twice i.e., vide order dated 06.12.2023 passed in Cr. Misc. No.64200 of 2023 with a liberty to renew his prayer for bail after framing

Patna High Court CR. MISC. No.11907 of 2025(3) dt.16-05-2025 2/2 of charge, and vide order dated 09.08.2024 passed in Cr. Misc. No.19301 of 2024. Counsel further submits that the petitioner's antecedent is clean and he is in custody since 12.06.2023.

4. Learned counsel for the informant opposes the prayer for bail and submits that a report regarding present stage of the trial was called for and from the report it transpires that out of six witnesses, four witnesses were examined and bailable warrants have been issued against the remaining two charge sheet named witnesses.

5. Learned APP for the State opposes they prayer for bail and submits that, as per the evidence report, there is direct allegation against the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T