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Patna High Court

Shyambabu Das @ Bhikhar Das @ Bikhari DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail must be granted as the prolonged custody and trial delay outweigh the seriousness of the charges.

Summary

Shyambabu Das was arrested in connection with a kidnapping case involving the minor daughter of an informant, charged under Sections 363 and 366(A) of the Indian Penal Code and Section 8 of the POCSO Act. He has been in custody since 8 December 2023 and earlier bail applications were rejected. The petitioner argued that he was falsely implicated, has no prior criminal record, and that the trial has been unduly delayed with only two of five witnesses examined. The State opposed the bail, citing the seriousness of the offences. Considering the prolonged pre‑trial detention, the delay in trial, and the petitioner’s lack of antecedents, the court allowed regular bail on the condition of cooperation with the trial. The bail was set at a bond of Rs.10,000 with two sureties and a requirement to appear at every trial date.

Issues considered

  • Whether regular bail should be granted to an accused of kidnapping and sexual offences under the IPC and POCSO Act despite the seriousness of the charges
  • Whether the length of pre‑trial detention and delay in trial justify the grant of bail

Legislation cited

Subjects

  • regular bail
  • kidnapping
  • POCSO Act
  • pre‑trial detention
  • trial delay
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5009 of 2026
                  Arising Out of PS. Case No.-171 Year-2023 Thana- PHENHARA District- East Champaran
                 ======================================================
                 Shyambabu Das @ Bhikhar Das @ Bikhari Das S/O Late Mahesh Das R/O
                 Village- Fenhara/Phenhara, P.S- Fenhara/Phenhara, Dist.- East Champaran.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     XX S/O Late Sheikh Sannaullah Resident of Village- Fenhara/Phenhara, P.S-
                  Fenhara/Phenhara, Distt.- East Champaran.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Rathore @ Kundan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   23-04-2026                  Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Phenhara P.S. Case No. 171 of 2023

                   registered for the offence under Sections 363, 366(A) of Indian

                   Penal Code and Section 8 of POCSO Act. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   06.08.2025 passed in Cr. Misc. No. 23382 of 2025.

                                3. As per the prosecution case, he accused persons

                   named in the FIR kidnapped the minor daughter of the informant

                   by forcibly putting her in a vehicle. Petitioner is in custody since

                   08.12.2023 and has no criminal antecedent.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case. Learned

                   counsel further submits that though the petitioner is in custody for
              Patna High Court CR. MISC. No.5009 of 2026(4) dt.23-04-2026
                                                          2/2




                        more than two years but the trial has not yet concluded and out of

                        five only two witnesses have been examined. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer for

                        regular bail of the petitioner.

                                     6. Considering the period of custody of the petitioner

                        and the delay in trial, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned 7th District and Addl. Sessions Judge

                        -cum- Special Judge, POCSO Act, Motihari, East Champaran

                        /concerned Court below in connection with Phenhara P.S. Case

                        No. 171 of 2023 subject to the following condition:-

                                                (i) the petitioner after being released on bail is
                                        directed to co-operate in the trial either by appearing
                                        personally or through his lawyer in the Trial Court on
                                        each and every date fixed by the trial Court. Non-
                                        compliance of the condition will result in cancellation
                                        of the bail bonds of the petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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