Patna High Court
Amit Paswan @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 34, 366(A), 377(3)
- Protection of Children from Sexual Offences Act — s. 4
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
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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/-
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