Patna High CourtCR. MISC./32729/2026rejected

Shibu Kumar @ Shiv Nandan Kumar v. The State Of Bihar

2026-05-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32729 of 2026 Arising Out of PS. Case No.-472 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Shibu Kumar @ Shiv Nandan Kumar S/o Ashok Panti @ Ashok Tanti R/o vill - Jitpur, P.S.- Bakhri, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar 2.

XXX W/o Satnudhar Tanti R/o vill - Jitpur, ward no. 7, P.S.- Bakhari, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Ramakant Yadav, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 05.01.2026 in connection with Bakhri P.S. Case No. 472 of 2025, F.I.R. dated 26.12.2025 for the offences punishable under Sections 4(2) and 8 of the POCSO Act.

3. According to prosecution case, this petitioner has kidnapped minor son of the informant aged about 6 years and committed rape upon him and also recorded the whole incident.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.32729 of 2026(2) dt.13-05-2026 2/2 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact, the petitioner is not named in the FIR.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has kidnapped the minor son of the informant and committed wrong with the victim who is 6 years old and his statement has been recorded under Section 183 of the BNSS, 2023 in which he has categorically stated that the petitioner has made physical relation with him. Apart from that the medical report of the victim also supports the allegation as alleged in the FIR.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Bakhri P.S. Case No. 472 of 2025 pending in the court of learned District Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Begusarai, District- Begusarai.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T