Patna High Court
Shailesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.
Summary
Shailesh Kumar was arrested on 1 August 2024 in connection with a kidnapping case (Pauthu PS Case No. 93 of 2022) under Sections 366(A) and 34 of the Indian Penal Code. The prosecution alleged that he, along with co‑accused, abducted the informant's daughter. The petitioner sought bail after the charge was framed on 13 October 2025, arguing that the victim, examined as witness, did not identify him and denied any offence. The court noted the petitioner’s clean antecedent and the victim’s non‑supportive testimony, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Sections 366(A) and 34 IPC given the victim’s non‑identification and the petitioner’s clean antecedent.
- Whether the conditions imposed for bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 34, 366A
Subjects
- bail
- kidnapping
- IPC
- Section 366A
- Section 34
- victim non‑identification
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1891 of 2026
Arising Out of PS. Case No.-93 Year-2022 Thana- PAUTHU District- Aurangabad
======================================================
Shailesh Kumar Son of Late Surendra Bind @ Late Surendra Vind Resident
of village - Karma Pandey, P.S.- Pauthu, District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kameshwar Yadav Son of Late Balram Yadav Village - Karmapandey, P.S.-
Pauthu, District - Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Vinod Kumar, learned counsel for the
petitioner and Mr. Narendra Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
01.08.2024 in connection with Pauthu P.S. Case No. 93 of 2022,
F.I.R. dated 31.08.2022 for the offences punishable under
Sections 366(A)/34 of the I.P.C.
3. According to prosecution case, the allegation
against the petitioner is that he along with other co-accused
person has kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that
earlier regular bail of the petitioner was rejected by a coordinate
Patna High Court CR. MISC. No.1891 of 2026(2) dt.19-01-2026
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bench of this Hon’ble Court vide order dated 13.12.2024 passed
in Cr. Misc. No. 76317 of 2024. He further submits that while
rejecting the bail application, the Court has been pleased to give
liberty to the petitioner to renew his prayer for bail after framing
of charge. Charge has been framed against the petitioner on
13.10.2025 and the trial has began and the victim has been
examined as witness no. 1 on 17.10.2025 and she has not
supported the case of prosecution and she has not identified the
petitioner and further stated that petitioner had not committed
any offence against her as alleged in the FIR and the petitioner
is in custody since 01.08.2024.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the victim in her deposition
does not support the allegation as alleged in the F.I.R., 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 learned Additional
Sessions Judge-VI-cum-Special Exclusive Judge (POCSO),
Civil Court, Aurangabad in connection with Pauthu P.S. Case
No. 93 of 2022, with the following conditions:
Patna High Court CR. MISC. No.1891 of 2026(2) dt.19-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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