Created by Fuzzy Cloud

Patna High Court

Kawal Paswan @ Kewal PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Kawal Paswan was arrested on 27 June 2024 in connection with an FIR alleging kidnapping and intent to kill the informant’s daughter, offences punishable under IPC Sections 365, 366 and POCSO Act Section 8. The victim, Suman Kumari, gave a statement under Section 164 CrPC and refused a medical examination, not supporting the prosecution’s case. The petitioner claimed innocence, arguing the allegations were fabricated, while the prosecution highlighted his five prior criminal antecedents and opposed bail. The court considered the victim’s non‑cooperation, the seriousness of the charges, and the petitioner’s custody period, and decided to grant bail on a bond of Rs 10,000 with two sureties and several conditions regarding cooperation, non‑tampering of evidence, and verification of antecedents. The bail order was issued subject to cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted in a case involving kidnapping and POCSO offences despite the seriousness of the charges
  • Whether the victim’s refusal to undergo medical examination and lack of support for the prosecution affect the bail decision
  • Whether the petitioner’s prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • criminal antecedent
  • victim statement
  • Section 164 CrPC
  • Indian Penal Code
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.30321 of 2025
                     Arising Out of PS. Case No.-7 Year-2024 Thana- HARPUR District- East Champaran
                  ======================================================
                  Kawal Paswan @ Kewal Paswan S/o- Prabhu Paswan Resident of Village-
                  Shayampur P.S.-Harpur District- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar
            2.    Upendra Mishra S/o- Late Ganesh Mishra Resident of Village-Belwa P.S.-
                  Harpur District- East Champaran
            3.    Suman Kumari D/o Upendra Mishra Resident of Village Belwa P.S. Harpur
                  District East Champaran.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :      Mrs. Ranjana Srivastava, Advocate
                  For the State             :      Mr. Abhay Kumar, APP
                  For the Informant         :      Mr. Kundan Rathore @ Kundan Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

13   10-03-2026                          Heard Mrs. Ranjana Srivastava, learned counsel

                    for the petitioner Mr. Abhay Kumar, learned Additional Public

                    Prosecutor for the State as well as Mr. Kundan Rathore @

                    Kundan Kumar, learned counsel for the Informant.

                                 2. Petitioner seeks bail who is in custody since

                    27.06.2024 in connection with Trial No. 09/2025 arising out of

                    Harpur P.S. Case No. 07 of 2024, F.I.R. dated 07.05.2024 for the

                    offences punishable under Sections 365, 366 of Indian Penal

                    Code and under Section 8 of POCSO Act.

                                 3.      According to prosecution case,            the informant

                    suspects that the petitioner kidnapped her daughter, namely,
Patna High Court CR. MISC. No.30321 of 2025(13) dt.10-03-2026
                                            2/3




          Suman Kumari for the purpose of killing her.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The allegation levelled against the petitioner is

          false and fabricated. The victim has been recovered and in her

          statement recorded under Section 164 Cr.P.C/183 BNSS, she did

          not support the case of the prosecution and she has also refused

          for her medical examination which is also recorded in paragraph

          no.138 of the case diary. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 27.06.2024.

                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioner and submit that petitioner is

          named in the FIR and he carries five criminal antecedents but

          fairly submits that the victim has refused for her medical

          examination and she did not support the case of the prosecution

          in her statement recorded under Section 164 Cr.P.c/183 BNSS.

                       6. Considering the aforesaid facts and circumstances

          and the period of custody, 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
            Patna High Court CR. MISC. No.30321 of 2025(13) dt.10-03-2026
                                                        3/3




                      satisfaction of the learned Special judge POCSO Act, East

                      Champaran at Motihari in connection with Harpur P.S. Case No.

                      07 of 2024, subject to the following conditions:-

                                   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 his absence on two consecutive dates without sufficient

                      reason, his 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)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.