Patna High Court
Akhilesh Kumar @ Akhilesh Thakur @ Aklesh ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail as there was insufficient material to justify continued detention.
Summary
The petitioner, Akhilesh Kumar, was arrested in connection with a case registered under Sections 137(2), 96, 3(5) of the BNS and Section 08/12 of the POCSO Act, alleged to have abducted a minor. He had been in custody since 21 January 2025. The petitioner’s counsel argued that the allegations were false and that the victim had voluntarily eloped with him, asserting his innocence. The court examined the bail application, considering the nature of the alleged offence and the claim of false implication. Finding no compelling reason to deny bail, the court ordered his release on condition of a bail bond and sureties. The order was pronounced by Justice Sandeep Kumar on 25 March 2026.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the BNS and POCSO Act
- Whether the allegations of abduction constitute a ground to deny bail
- Whether the claim of false implication and voluntary elopement of the victim affects the bail decision
Legislation cited
Subjects
- bail
- abduction
- POCSO Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3664 of 2026
Arising Out of PS. Case No.-43 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Akhilesh Kumar @ Akhilesh Thakur @ Aklesh Thakur S/o Indradev Thakur
Resident of - Rupaspur Dhanaut, P.S - Rupaspur, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shankar Kumar S/o Rajendra Chaudhary Resident of - Basopur Beltarai, P.S
- Naubatpur, District - Patna Presently residing at nearby Pupaspur
Chamartoli, P.S - Rupaspur, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Rupaspur P.S. Case No. 43 of 2025 registered for the offence
under Sections 137(2), 96, 3(5) of the BNS and under Section
08/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
said to have abducted the victim.
4. The petitioner is in custody since 21.01.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case as from the statement of the victim girl, it appears that
the victim has eloped with the petitioner.
Patna High Court CR. MISC. No.3664 of 2026(3) dt.25-03-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. 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 satisfaction of
the learned concerned Court below, where the case is pending,
in connection with Rupaspur P.S. Case No. 43 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…