Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 137(2), 3(5), 96
- Protection of Children from Sexual Offences Act — s. 8
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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