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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing the furnishing of a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Abhishek Kumar, was arrested in a case registered under Sections 137(2), 96, 3(5) of the Bihar Narcotic Substances Act and Section 8 of the POCSO Act, alleging his involvement in the forcible abduction of a 16‑year‑old minor. The prosecution’s case centered on Arun Patel and his brother as the primary accused, with the petitioner alleged only to have a peripheral role. The petitioner pleaded innocence, claiming he was falsely implicated, had no criminal record, and had been in custody since 17‑11‑2025. The State opposed the bail application. After hearing both sides, the Court found insufficient grounds to deny bail and ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Special Judge of the POCSO Act, East Champaran.

Issues considered

  • Whether the petitioner is entitled to regular bail despite allegations under the Bihar Narcotic Substances Act and the POCSO Act.

Legislation cited

Subjects

  • regular bail
  • POCSO Act
  • Bihar Narcotic Substances Act
  • minor abduction
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31520 of 2026
                   Arising Out of PS. Case No.-73 Year-2025 Thana- Jai Bajrang District- East Champaran
                 ======================================================
                 Abhishek Kumar S/o Late Pappu Rai @ Pappu Ray Resident of village -
                 Parsauni Dewajit, P.S - Jai Bajarang, District - East Champaran
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     XX S/o YY R/o Village - Parsauni Dewajit, P.S - Jai Bajarang, District - East
                  Champaran
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                                          :        Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 137(2), 96,

                   3(5) of the B.N.S. and Section 8 of POCSO Act.

                                 3. The case of the prosecution, in short, is that while the

                   younger sister of the informant aged about 16 years has gone to

                   ease herself, Arun Patel and his younger brother forcefully took

                   away the minor sister of the informant on a bike. In later part, it is

                   alleged that petitioner is also having role in the occurrence.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned
           Patna High Court CR. MISC. No.31520 of 2026(2) dt.12-05-2026
                                                         2/2




                     counsel for the petitioner has submitted that from perusal of the

                     FIR, it is clear that the main thrust of allegation is against Arun

                     Patel and his younger brother. Only suspicion is that the petitioner

                     is also having role. Petitioner is not the family member of Arun

                     Patel rather he is his friend. Petitioner is having no criminal

                     antecedent      and     he     is    languishing     in   judicial   custody

                     since17.11.2025.

                                  5. Learned APP appearing for the State has vehemently

                     opposed the application for bail.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned 7 th District and

                     Additional Sessions Judge-Cum-Special Judge, POCSO Act, East

                     Champaran, Motihari, Bihar in connection with Jai Bajarang P.S.

                     Case No. 73 of 2025.



                                           (Ashok Kumar Pandey, J)
Lata/-
Nitu/-
U      T


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