Patna High Court
Shyambabu Das @ Bhikhar Das @ Bikhari DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act — s. 8
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/-
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