Patna High CourtCR. MISC./70212/2025bail granted

Nitish Kumar v. The State Of Bihar

2026-01-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70212 of 2025 Arising Out of PS. Case No.-759 Year-2025 Thana- NAWADA District- Nawada ====================================================== Nitish Kumar S/o Ashlok Yadav R/o Village - Kusumbha, P.S - Sheikhpura, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar 2.

X D/o Bhushan Kumar R/o Village - Line Paar, Mirzapur, P.S - Town, District - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER Re:- I.A. No. 01 of 2025.

05-01-2026

2. The present interlocutory application has been filed for early hearing.

3. Considering the grounds mentioned in the application, this interlocutory application is allowed.

4. The petitioner is seeking regular bail in connection Later on with Nawada Town P.S. Case No. 759 of 2025, registered for the offences punishable under Sections 74, 75(2) of the BNS, 2023 and Sections 8 and 12 of the POCSO Act.

5. The prosecution case, in short is that on 15.07.2025, the petitioner is a teacher at S.N. Classes, Mirzapur, allegedly called a 14-year-old student to the rooftop and behaved inappropriately, on the basis of which, the case was registered.

6. The learned counsel for the petitioner has submitted that paragraph 14 of the case diary shows that the classmates of the victim named therein have stated during their examination that the victim was sleeping on the last bench of the class. The petitioner, who was a teacher, warned her and as a result, this case

Patna High Court CR. MISC. No.70212 of 2025(4) dt.05-01-2026 2/2 was lodged. He has further submitted that the investigating authority had submitted final form but ignoring that the cognizance has been taken.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO)-Cum- Additional Sessions Judge-VIth, Nawada in connection with Nawada Town P.S. Case No. 759 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

8. The petitioner shall remain physically present in the court below on each and every date till conclusion of the trial.

9. After accepting the bail bond, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the present one, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J) Nirmal/- U T