Supreme Court reverses denial of reguar bail order by Justice Sandeep Kumar in a POCSO case

In Madhav @ Madho Kumar vs. 1. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices J.K. Maheshwari and Atul S. Chandurkar passed 3-page long order dated May 13, 2026, wherein, it concluded:"2. After hearing learned counsel for the parties, and considering the delay in lodging the FIR and as alleged, the story of political rivalry has been contemplated, in addition, taking note of the fact that the medical evidence do not corroborate with the allegation, at present, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail. 3. Accordingly, we direct that the petitioner be released on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court. 4. Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful."

The petitioner had approached the Supreme Court to seek bail against an order rejecting the regular bail by Justice Sandeep Kumar of Patna High Court. The petitioner is in custody w.e.f. March 30, 2025 in connection with a FIR dated March 29, 2025 for the offences punishable under Sections 64, 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) registered with Police Station Paharpur, District Motihari, Bihar. Prior to this Justice Ashok Kumar Pandey had called for case diary along with the statement of the victim recorded under Section 183 of the BNSS from the Court of 6th District & Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari by his order dated September 3, 2025.

Earlier, Justice Kumar had passed a 2-page long order dated October 15, 2025. The application for grant of regular bail, wherein, the petitioner was accused of committing rape with a minor girl. The counsel for the informant had submitted that the trial had started and in the trial the informant and the victim had already been examined and they had supported the prosecution case. Justice Kumar had concluded: "5. Considering the aforesaid facts and also the law laid down by the Hon’ble Supreme Court in the case of X
vs. State of Rajasthan and Anr. reported in 2024 SCC OnLine SC 3539, I am not inclined to grant bail to the petitioner Accordingly, this bail application is rejected." Supreme Court has reversed this order.