Created by Fuzzy Cloud

Patna High Court

Niraj Kumar @ PintuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted bail to the appellant, setting aside the lower court's denial of bail.

Summary

The appellant, Niraj Kumar, was charged under Sections 363 and 366(A) of the Bihar Penal Code and Sections 3(1)(r)(w)(i) of the SC/ST (Prevention of Offences) Act for allegedly abducting a girl. He was denied bail by the Exclusive Special Judge on 28 July 2025 and remained in custody. The appellant contended his innocence, claiming a consensual relationship with the victim, and filed an appeal for bail. The High Court, after hearing the parties, considered the nature of the allegations and the appellant's claim of false implication. It set aside the lower court's order and granted bail on condition of a Rs.10,000 bond with two sureties, thereby allowing the appeal.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged abduction under Sections 363, 366(A) of the Bihar Penal Code and the SC/ST (POA) Act.

Legislation cited

Subjects

  • bail
  • abduction
  • SC/ST (POA) Act
  • criminal procedure
  • Special Judge
  • Section 363
  • Section 366A

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.261 of 2026
                   Arising Out of PS. Case No.-117 Year-2024 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Niraj Kumar @ Pintu S/O Bhola Rai @ Bhola Ray R/O Village- Ahirauliya,
                 P.S- Chakia, Distt.- East Champaran.

                                                                                  ... ... Appellant/s
                                                       Versus
                 The State of Bihar Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :     Mr. Abhishek Kumar
                                                 Mr. Harsha Shashwat
                 For the Respondent/s      :     Mr.Binay Krishna
                 For the informant         :     Mr. Ajay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   11-05-2026                         Heard the parties.

                                2. The instant appeal has been filed by the appellant

                   against the order dated 28.07.2025 passed by the learned

                   Exclusive Special Judge-SC/ST (POA) Act, East Champaran at

                   Motihari whereby the bail application of the appellant in

                   connection with Chakia P.S. Case No. 117 of 2024 registered for

                   the offence under Sections 363, 366(A) of the BNS and under

                   Sections 3(1)(r)(w)(i) of SC/ST (POA) Act, was rejected.

                                3. The appellant is said to have abducted the victim

                   girl.

                                4. The appellant is in custody since 30.06.2025.

                                5. Learned counsel for the appellant has submitted

                   that the appellant is innocent and has falsely been implicated in
          Patna High Court CR. APP (SJ) No.261 of 2026(4) dt.11-05-2026
                                                       2/2




                    this case. She further submits that the petitioner and the victim

                    were in relationship.

                                 6. Learned Special P.P. for the State and the learned

                    counsel for the informant have vehemently opposed the prayer

                    for grant of bail to the appellant.

                                 7. Considering the facts of the case and also

                    considering the nature of allegation levelled against the

                    appellant, this application is allowed and accordingly, the order

                    dated 28.07.2025, is hereby set aside.

                                 8. Let the appellant be released on bail upon

                    furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)

                    with two sureties of the like amount each to the satisfaction of

                    Court below/concerned Court in connection with Chakia P.S.

                    Case No. 117 of 2024.



                                                                (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.