Patna High Court
Prakash PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Prakash Paswan, sought regular bail in a case registered under sections 137(2) and 140(3) of the Bihar Narcotic/Criminal Statutes (BNS) alleging kidnapping of a minor. The prosecution alleged that the informant's minor daughter was missing and that the petitioner had abducted her. The petitioner’s counsel argued that the victim’s statement, recorded under Section 183 of the Bihar Narcotic/Criminal Statutes (BNSS), indicated she voluntarily accompanied the petitioner, negating any kidnapping. The counsel also highlighted the petitioner’s clean criminal record and his prolonged pre‑trial detention since 23‑06‑2025. After hearing both sides, the High Court found the voluntary statement persuasive and ordered the petitioner released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under sections 137(2) and 140(3) of BNS.
- Whether the victim’s voluntary statement under Section 183 BNSS defeats the kidnapping allegation.
- Whether the length of pre‑trial custody justifies denial of bail.
Subjects
- regular bail
- kidnapping
- minor
- voluntary statement
- pre‑trial detention
- POCSO
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11493 of 2026
Arising Out of PS. Case No.-282 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Prakash Paswan S/O Jawahar Paswan R/O Village- Bherhariya Inglish, P.S-
Paliganj, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/O YYY R/O Village- Bherhariya Inglish, P.S- Paliganj, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2) and
140(3) of BNS.
3. The case of the prosecution is that the minor
daughter of the informant was missing. The informant suspects
that the petitioner has kidnapped his minor daughter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
order of the learned trial court, it will transpire that the learned
trial court has recorded that the victim in the statement recorded
Patna High Court CR. MISC. No.11493 of 2026(3) dt.12-03-2026
2/2
under Section 183 of BNSS has stated that she has voluntarily
accompanied the petitioner. Learned counsel has further submitted
that this statement of the victim goes to show that the petitioner
has not kidnapped her rather she herself has gone with the
petitioner on her own sweet will. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
23.06.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Paliganj P.S. Case No. 282 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional Sessions
Judge-VII cum Exclusive Special Judge, POCSO, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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