Patna High Court
Vikash Sah @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail cannot be granted as the accused are implicated in the kidnapping of a minor who remains missing, and thus the bail applications are rejected.
Summary
The petitioners, Suman Kumar and Vikash Sah, applied for regular bail in a case where a 12‑year‑old girl was alleged to have been kidnapped by four accused, including the petitioners, as per FIRs under IPC sections 363, 366(A), 34 and POCSO Act sections 8 and 12. The prosecution contended that the minor remains missing and the petitioners were actively involved in the kidnapping, while the petitioners claimed false implication, no prior criminal record, and willingness to cooperate. The State opposed bail, citing a counter‑affidavit detailing police investigations and the seriousness of the offence. After hearing both sides, the court found the allegations serious and the minor still unrecovered, and therefore refused to grant regular bail. The court also ordered the petitioners, who had earlier been released on provisional bail, to surrender within three weeks.
Issues considered
- Whether regular bail can be granted to accused persons in a kidnapping case involving a minor under IPC and POCSO provisions.
- Whether the petitioners' claim of false implication and lack of criminal antecedent outweighs the seriousness of the offence and risk of non‑appearance.
- Whether the earlier provisional bail can be continued in view of the pending investigation.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- kidnapping
- minor
- POCSO
- regular bail
- provisional bail
- IPC
- missing person
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19705 of 2025
Arising Out of PS. Case No.-42 Year-2024 Thana- KOTWA District- East Champaran
======================================================
Suman Kumar S/o- Aadhar Paswan Village- Gaira PS- Kotwa Dist- East
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chunchun Devi W/o- Rajdeo Paswan Village- Barharwa Kala Ramji Tola
Ps- Kotwa Dist- East Champaran
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 48580 of 2025
Arising Out of PS. Case No.-42 Year-2024 Thana- KOTWA District- East Champaran
======================================================
Vikash Sah @ Vikash Kumar S/O Khedan Sah @ Jagranath Sah R/O Village-
Heman Chhapra, P.S- Kotwa, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chunchun Devi D/O Rajeshwar Paswan R/O Village- Barharwa Ramjee
Tola, P.S- Kotwa, Distt.- East Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 19705 of 2025)
For the Petitioner/s : Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
(In CRIMINAL MISCELLANEOUS No. 48580 of 2025)
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
15 01-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Kotwa P.S. Case no. 42
of 2024 registered under sections 363, 366(A) and 34 of the
Indian Penal Code and sections 8 and 12 of the POCSO Act.
3. As per the prosecution case, the informant states
Patna High Court CR. MISC. No.19705 of 2025(15) dt.01-04-2026
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that her 12 years old daughter was kidnapped by four named
accused persons including the two petitioners herein who had
come on two motorcycles. The informant further that she
apprehends that the kidnapping has taken place with some bad
motive.
4. Learned counsel for the petitioner Suman Kumar
submits that the petitioner has been falsely implicated in the
case. No such occurrence as alleged has taken place. As per the
information received, the daughter of the informant has got
married elsewhere but the police personnel are not taking
adequate steps for her recovery. It was on these grounds that the
Superintendent of Police on earlier occasion had been directed
to appear in the Court and the petitioner had been enlarged on
provisional bail vide order dated 26.1.2026. The petitioner is in
custody since 6.8.2024 and undertakes to cooperate in the trial.
The petitioner has no criminal antecedent.
5. Learned counsel for the petitioner Vikash Sah
submits that the petitioner is innocent and has been falsely
implicated in the case. The allegation against him at best is of
having assisted. This is absolutely false and categorically
denied. The petitioner is in custody since 23.3.2025 and has no
criminal antecedent. He undertakes to cooperate in the
Patna High Court CR. MISC. No.19705 of 2025(15) dt.01-04-2026
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investigation/ trial.
6. The application for bail is opposed by learned
A.P.P. for the State who submits that pursuant to the direction of
this Court, a counter affidavit has been filed in the case on
19.3.2026 wherein steps taken by the police authorities
including the constitution of special investigation team etc. have
all been stated in detail. It is further stated that both the
petitioners are named in the FIR and have actively participated
in the kidnapping/disappearance of the minor daughter of the
informant.
7. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioners in the F.I.R.
of being among the four accused persons on two motorcycles who
kidnapped the 12 year old minor daughter of the informant who is
still missing and has not been recovered, the Court is not inclined to
enlarge the petitioner on bail and the application for bail of both the
petitioners are rejected.
8. Both the petitioners who were earlier enlarged on
provisional bail are directed to surrender in the learned Court below
within a period of 3 weeks.
Bibhash/- (Partha Sarthy, J)
U
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