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Patna High Court

Bhim Kumar @ Bhim SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, Bhim Kumar, was arrested in connection with POCSO Case No. 43 of 2025 for alleged kidnapping of a minor, charged under Sections 96, 3/5 of the BNS and Section 8 of the POCSO Act. He has been in custody since 13 January 2026 and claims he is innocent, stating that he was merely the driver‑owner of the vehicle and that the victim had eloped and married another person. The petitioner’s counsel argued that the allegations are false and sought bail. The Court examined the bail application, noting that the matter pertains only to the grant of bail and not the merits of the underlying offence. Accordingly, the Court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, while expressly limiting the order to the bail issue.

Issues considered

  • Whether bail should be granted to the accused in a POCSO case involving alleged kidnapping under Sections 96, 3/5 of the BNS and Section 8 of the POCSO Act

Legislation cited

Subjects

  • bail
  • POCSO
  • kidnapping
  • Section 8
  • Criminal Procedure
  • pre‑trial liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10243 of 2026
                         Arising Out of PS. Case No.-108 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
                 Bhim Kumar @ Bhim Sah S/O Sitaram Sah R/O Village- Thumha (Ward No.-
                 09), P.S- Pipra, Distt.- Supaul.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    Mahaser Devi W/O Arjun Mandal R/O Village- Thumha (Ward No.-08), P.S-
                 Pipra, Distt.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arun Kumar Jha
                 For the Opposite Party/s :        Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   POCSO Case No. 43 of 2025 arising out of Pipra P.S. Case No.

                   108 of 2025 registered for the offence under Sections 96, 3/5 of

                   the BNS and under Section 8 of the POCSO Act.

                                   3. As per the prosecution case, the petitioner is

                   said to have kidnapped the victim.

                                   4. The petitioner is in custody since 13.01.2026.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. He further submits that the petitioner is the driver-cum-
          Patna High Court CR. MISC. No.10243 of 2026(4) dt.27-04-2026
                                                      2/2




                    owner of the Scorpio vehicle and from the statement of the

                    victim, it appears that she had herself eloped with one Sunil

                    Kumar and thereafter they have got married.

                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

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

                    the concerned court below in connection with POCSO Case No.

                    43 of 2025 arising out of Pipra P.S. Case No. 108 of 2025.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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