Allowed¶22

Kush Kumar v. The State of Bihar

Patna HC5 Jan 2026CR. MISC./58194/2025

Case brief

AI extract

What is this about?

Regular bail granted; S.65(2) BNS and Ss.4/6 POCSO Act; Harnaut P.S. Case No. 323 of 2024 (POCSO Case No. 123 of 2024), Nalanda; victim PW-4 and mother PW-2 did not support prosecution; victim failed to identify accused on video-conference identification (para 6 of deposition); custody since 27.01.2025; bail bond Rs.10,000/- with two like sureties; conditions of trial attendance; Criminal Miscellaneous No.58194 of 2025; Patna High Court; Justice Nawneet Kumar Pandey; order dated 05-01-2026.

What did the court decide?

Release on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the condition that the petitioner cooperates in the trial and makes himself available on each and every date till its conclusion. ¶22

Kush Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Harnaut P.S. Case No. 323 of 2024 (POCSO Case No. 123 of 2024).

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Court's answer

Considering the facts and circumstances (including that the victim and her mother did not support the prosecution and the victim could not identify the petitioner), the petitioner is directed to furnish bail bond and, on doing so, the court below shall release him on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV-cum-Special Judge (POCSO), Bihar Sharif, Nalanda.

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Ratio / Principle

Bail is made subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available on each and every date till conclusion of the trial.

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Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), by oral order dated 05-01-2026, allowed the petitioner's application for regular bail in Harnaut P.S. Case No. 323 of 2024 (POCSO Case No. 123 of 2024), arising from allegations of rape on a minor on 13.08.2024 punishable under Sections 65(2) of the BNS and Sections 4/6 of the POCSO Act. It was pointed out during trial that neither the victim (PW-4) nor her mother (PW-2) supported the prosecution case, and that although the petitioner was produced for identification through video conferencing, the victim could not identify him (paragraph no. 6 of her deposition); the petitioner had been in custody since 27.01.2025. Considering these facts and circumstances, the Court directed release on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-IV-cum-Special Judge (POCSO), Bihar Sharif, Nalanda, subject to the conditions that the petitioner cooperate in the disposal of the trial and make himself available on each and every date till its conclusion.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58194 of 2025

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Arising Out of PS. Case No.-323 Year-2024 Thana- HARNAUT District- Nalanda

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Kush Kumar Son of Shri Gurucharan Mahto Village- Dihra PS -Harnaut District -Nalanda Bihar ... ... Petitioner/s

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Versus

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The State of Bihar

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Manju Devi son of Late Ramadhin Mahto Village- Dihra PS -Harnaut District -Nalanda Bihar ... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Shailendra Kumar

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 05-01-2026

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Heard the learned counsel for the petitioner as well as

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the learned Additional Public Prosecutor for the State.

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The petitioner is seeking regular bail in connection with Harnaut P.S. Case No. 323 of 2024 (POCSO Case No. 123 of 2024), registered for the offences punishable under Sections 65(2) of the BNS and Sections 4/6 of the POCSO Act.

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As per the FIR, on 13.08.2024, while the informant, minor in age, went outside for attending natures call, the petitioner caught informant, pressed her mouth and committed rape upon her. When the informant raised alarm, the petitioner fled away. It has further been alleged that after coming into the knowledge, when the informant’s mother went to the house of the petitioner to enquire about the same, she was abused by the petitioner.

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The learned counsel for the petitioner has submitted that neither the victim nor her mother supported the prosecution

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Patna High Court CR. MISC. No.58194 of 2025(4) dt.05-01-2026 2/2

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case during the trial. The mother of the victim was examined as PW-2, whereas the victim herself was examined as PW-4. The victim stated in her deposition that she did not identify the person who committed the misdeed with her. The petitioner was produced for identification through video conferencing, but the victim could not identify him, which transpires from paragraph no. 6 of her deposition. The petitioner has been in custody since 27.01.2025.

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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 District & Additional Sessions Judge-IV-cum-Special Judge (POCSO), Bihar Sharif, Nalanda in connection with Harnaut P.S. Case No. 323 of 2024, 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.

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The petitioner shall cooperate in the disposal of trial and make himself available on each and every date till conclusion of the trial.

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(Nawneet Kumar Pandey, J)

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Nirmal/- U T

Kush Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kush Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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