Patna High Court
Veer Kumar @ Vir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Veer Kumar, was arrested in connection with a case registered under sections 137(2), 96, 3(5) of the Bihar Narcotic Substances Act and sections 8 and 12 of the POCSO Act, alleging kidnapping of a minor girl. The petitioner contended that he was falsely implicated and that the girl’s statement indicated she had eloped with him. The State opposed his bail application. The Court examined the allegations and the petitioner's claim of innocence, and, applying the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the bail application. The Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions prescribed. The order was made by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping under the Bihar Narcotic Substances Act and the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- bail
- kidnapping
- POCSO
- Criminal Procedure Code
- Section 438
- Section 482
- West Champaran
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52018 of 2025
Arising Out of PS. Case No.-426 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
Veer Kumar @ Vir Kumar son of Umesh Prasad Village -Badauriya
Dhumnagar PS -Nautan District -West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punita Devi Wife of Anjani Patel Village- Pathri Ghat, Ward no. 05, Ps-
Bairiya, Dist- West champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Mohan, Adv
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bairiya P.S.Case No. 426 of 2024 registered for the offence
under sections 137(2),96,3(5) of BNS and Section 8 and 12 of
the POCSO Act.
3. The petitioner is alleged to have kidnapped the
victim girl.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely
implicated in this case. The girl in her statement stated that she
had eloped with the petitioner as they were in a relationship.
Patna High Court CR. MISC. No.52018 of 2025(5) dt.20-02-2026
2/2
5. Learned counsel for the State has opposed the bail
application of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, 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 Additional Chief Judicial
Magistrate-III, Bettiah, West Champaran/ concerned court
below in connection with Bairiya P.S.Case No. 426 of 2024
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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