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Patna High Court

Amit Paswan @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Amit Paswan, was arrested in connection with a kidnapping case (Gurua P.S. Case No. 39 of 2023) and charged under Sections 366(A) and 34 of the Indian Penal Code, with the charge‑sheet also invoking Sections 366(A) and 377(3) IPC read with Section 4 of the POCSO Act. He claimed innocence, asserted a clean antecedent, and highlighted that the co‑accused Raman Paswan had already been granted bail. The State and the informant opposed his bail application. The Court, after considering the facts, allowed the regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, and clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the IPC and the POCSO Act.

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • sexual offences
  • POCSO Act
  • IPC
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26402 of 2026
                         Arising Out of PS. Case No.-39 Year-2023 Thana- GURUA District- Gaya
                 ======================================================
                 Amit Paswan @ Amit Kumar Son of Kamlesh Paswan Resident of Village -
                 Laltenganj, P.S. -Madanpur, District - Aurangabad.

                                                                                    ... ... Petitioner
                                                       Versus
           1.    The State of Bihar
           2.    Upendra Das Son of Ram Ravidas R/o Vill. - Tikri, P.S. - Gurua, Dist.
                 -Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sharma, Adv.
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal, APP
                 For the Informant        :       Mr. Pankaj Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Gurua P.S. Case No. 39 of 2023 registered for the offence under

                   Sections 366(A) & 34 of I.P.C. in which charge-sheet has been

                   submitted under Sections 366(A) and 377(3) of I.P.C. read with

                   Section 4 of POCSO Act.

                                3. As per the prosecution case, the petitioner                    is

                   accused of kidnapping the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. The

                   main accused of the case is co-accused Raman Paswan @

                   Raman Kumar with whom, the victim was in a relationship, has
            Patna High Court CR. MISC. No.26402 of 2026(3) dt.13-05-2026
                                                        2/2




                      been granted bail by this Court. The petitioner is in custody

                      since 21.12.2025 and has clean antecedent.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the informant have jointly opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances,

                      this application for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Gurua P.S. Case

                      No. 39 of 2023.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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