Patna High Court
Kawal Paswan @ Kewal PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 164, 183
- Indian Penal Code — s. 365, 366
- Protection of Children from Sexual Offences Act, 2012 — s. 8
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
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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
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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
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