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Patna High CourtCR. MISC./74131/2025bail granted

Wakil Rizwani v. The State Of Bihar

2026-02-11Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74131 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- SANICHARI District- West Champaran ====================================================== Wakil Rizwani S/o- Habul Miya @ Habib Miya Resident of VillageBintoliya PS- Shanichari, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kalpana Devi W/o- Manoj Wine R/v- Bangali Colony Ps- Sanichari DistWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing for the Opposite Party No.2.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126 (2), 115 (2), 75, 352, 351 (2)/ 351 (3) and 3 (5) of B.N.S and Sections 10 and 12 of POCSO Act.

3. As per the prosecution case, there are allegations against the petitioner and another that they harassed the informant's daughter and other girls of the school, used obscene language towards them, and physically assaulted them.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.74131 of 2025(4) dt.11-02-2026 2/3 petitioner is a school teacher and since he has a strict behaviour in the class, this was wrongly inferred as him harassing the girls. It has been stated that he never spoke any vulgar or obscene language. Petitioner is in custody since 26.08.2025 and has no criminal antecedent. Charge sheet has already been submitted. It has also been pointed that one of the co-accused having similar kind of allegations has been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 15.01.2026 passed in Cr. Misc. No. 71644 of 2025 (AnnexureP/4).

5. Learned APP for the State opposes the bail petition. However, learned counsel appearing for the Opposite Party No. 2 does not oppose the bail of the petitioner as it seems that a case has been filed on account of some misunderstanding.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge sheet has been submitted not requiring his further custodial interrogation, coupled with the fact that Opposite Party No. 2 also does not wish to oppose the present bail application and the petitioner undertakes to co-operate in the trial, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten

Patna High Court CR. MISC. No.74131 of 2025(4) dt.11-02-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shanichari P.S. Case No. 91 of 2025 , subject to the conditions that : (i) One of the bailors will be his close relative/family members.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) vashudha/- U T