Patna High Court
Sudish Kumar @ BhulaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted to the petitioners subject to specified conditions.
Summary
The petitioners, Sudish Kumar and Chhotelal Kumar, applied for anticipatory bail in connection with a criminal case (Shikarpur P.S. Case No. 45 of 2022) alleging abduction of a minor girl, with charges under several IPC sections and the POCSO Act. They contended that they were falsely implicated, that no specific overt act was alleged against them, and that the victim’s statement, recorded under Section 164 of the CrPC, actually exonerated them. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and conditions including presence before the trial court, verification of criminal antecedents, and cancellation upon breach. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under IPC and the POCSO Act.
- Whether the petitioners have been falsely implicated and lack specific incriminating acts.
- Whether the victim’s statement under Section 164 of the CrPC negates the case against the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 482
- Indian Penal Code — s. 323, 34, 341, 363, 366A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- abduction
- POCSO
- false implication
- bail conditions
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52537 of 2025
Arising Out of PS. Case No.-45 Year-2022 Thana- SIKARPUR District- West Champaran
======================================================
1. Sudish Kumar @ Bhulai S/o Late Sahbir Mahato R/o vill - Bhasurari, P.S.-
Shikarpur, Distt.- West Champaran
2. Chhotelal Kumar S/o Satan Mahto R/o Baswariya, P.S.- Sathi, Distt.- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/o Banu Paswan R/o Bhasurari, P.s- Shikarpur, Distt.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State. Nobody has appeared on behalf of O.P. No. 2.
2. The petitioners seek bail in anticipation of their
arrest in connection with Shikarpur P.S. Case No. 45 of 2022,
instituted for the offences punishable under Sections 363, 366A,
341, 323 and 34 of the Indian Penal Code and under Sections 8
and 12 of the POCSO Act.
3. As per the prosecution case, the allegation upon the
petitioners is that they along with other co-accused persons had
abducted the minor daughter of the informant.
4. Learned counsel for the petitioners submit that the
petitioners have falsely been implicated in this case and no
specific overt act has been alleged against them. It is further
Patna High Court CR. MISC. No.52537 of 2025(4) dt.21-01-2026
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submitted that the main accused along with whom the daughter
of the informant is said to have fled away has been granted
regular bail by a co-ordinate Bench of this Court while the
victim upon recovery was examined under Section 164 of the
Cr.P.C. and she has not stated anything against the petitioners
rather she has gone on to submit that it were the petitioners who
had brought her on motorcycle at her uncle’s place. It has
further been submitted that the victim presently is married to a
third person one namely Mannu Paswan. It is further submitted
that this is one of the reasons that despite the valid service of
notice nobody has entered appearance on behalf of O.P. No. 2.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioners are
directed to be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his/her/their furnishing bail bonds in the sum of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of the learned Additional Sessions Judge 7th
-cum-Special Judge, POCSO, Bettiah, West Champaran in
connection with Shikarpur P.S. Case No. 45 of 2022, subject to
Patna High Court CR. MISC. No.52537 of 2025(4) dt.21-01-2026
3/3
the conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioners;
(ii) the petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioners and in case at any stage, it is found
that the petitioners have concealed their criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
the same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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