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Patna High Court

Prakash PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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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