Patna High Court
Sushil Sharma @ Sushil Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sushil Sharma, sought bail in a kidnapping case (PS Case No. 48 of 2024) where he was alleged to have participated in the abduction of a minor under IPC sections 363, 366(A), 34, the SC/ST (POA) Act and the POCSO Act. He contended that the FIR was filed after an inordinate delay, that the informant was not an eye‑witness, and that the victim’s statement indicated a voluntary relationship with co‑accused Sunil Kumar, not a kidnapping. The petitioner also highlighted that a co‑accused, Virendra Sharma, had already been granted anticipatory bail and that he had no prior criminal record. The State opposed the bail application. Considering the clean antecedent, the precedent of bail to the co‑accused, and the victim’s voluntary statement, the Court ordered that the petitioner be released on bail if arrested or surrendered within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order also imposed standard bail conditions regarding court appearances, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail in the kidnapping case under the applicable statutes.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 161, 164, 482(2)
- Indian Penal Code — s. 34, 363, 366(A)
- Protection of Children from Sexual Offences Act — s. 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- anticipatory bail
- kidnapping
- IPC
- SC/ST Act
- POCSO Act
- clean antecedent
- victim statement
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 16627 of 2026
Arising Out of PS. Case No.-48 Year-2024 Thana- DHAKA District- East Champaran
======================================================
Sushil Sharma @ Sushil Kumar Sharma Son of Vikau Sharma Resident of
Village- Baswariya Chouk Laxminagar, P.S.- Mehsoul O.P., District-
Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X X Wife of Late Y Y Resident of Village- Barewa, P.S.- Dhaka, District-
East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Mrs. Harsha Shaswat, Advocate
For the Opposite Party/s : Mr.Binay Krishna, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in connection
with Dhaka P.S. Case No. 48 of 2024, registered for the offence
punishable under Sections 363, 366 (A), 34 of the Indian Penal Code
and Sections 3 (1) (r), 3 (1) (s) of the SC/ST (POA) Act and section 8
of POCSO Act.
3. As per the FIR, informant’s daughter had been
kidnapped by the co-accused persons and the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case. It
is next submitted that it would evident from the F.I.R itself that the
informant is not an eye witness to the occurrence. The specific
Patna High Court CR. MISC. No. 16627 of 2026(2) dt.16-04-2026
2/3
allegation of kidnapping is leveled against co-accused, Sunil Kumar.
Petitioner has not participated in the kidnapping of the informant’s
daughter. It has also been pointed out that the present FIR has been
instituted after an inordinate delay of 10 days. The victim girl after
recovery has been examined under Section 161 and 164 of the Cr.P.C
and in the said statement, she has accepted that she had gone along
with co-accused Sunil Kumar voluntarily as both of them were
having a love affair and they have also solemnized marriage and are
staying as husband and wife. It is further submitted that co-accused,
Virendra Sharma, has already been extended the privilege of
anticipatory bail vide order dated 02.07.2025 passed in Cr. Misc. No.
57320 of 2024 and the case of the petitioner stands on similar
footing. Lastly, it is submitted that petitioner has no criminal
antecedents.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case,
keeping in view clean antecedent of the petitioner, co-accused has
already been granted anticipatory bail, let the above named
petitioner, be released on bail, in the event of his arrest or surrender
before the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction of
the learned 6th Additional Sessions Judge-cum-Special Judge POCSO
Patna High Court CR. MISC. No. 16627 of 2026(2) dt.16-04-2026
3/3
Act, Motihari, East Champaran, Bihar in connection with Dhaka P.S.
Case No. 48 of 2024, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide official
document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which the State shall be at liberty to take steps for cancellation of the
bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
vashudha/-
U T
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