Patna High Court
Pappu BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Pappu Bind, was arrested in connection with a kidnapping case (Bhabhua P.S. Case No. 307 of 2025) under Section 96 of the Bihar Negotiable Substances Act. The prosecution alleges that he kidnapped a girl, but the victim's statement under Section 183 of the same Act indicates that she eloped with the petitioner. The petitioner contended that he is innocent and has been falsely implicated, while the State opposed his bail. The High Court considered the facts, including the victim's statement and the nature of the offence, and decided to grant bail. The Court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the Special Judge of the POCSO Act‑cum‑ADJ‑VI. It clarified that the order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case under Section 96 of the B.N.S. considering the victim's statement of elopement
- Whether the nature of the offence and the circumstances warrant the denial of bail
Legislation cited
Subjects
- bail
- kidnapping
- Section 96
- elopement
- POCSO Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5716 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Pappu Bind S/o- Late Vishwnath Bind Resident of Manihari P.S- Bhabhua,
Dist- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX S/o- YYY Resident of Manihari P.S- Bhabhua, Dist- Kaimur at
Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aquaib Khan
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhabhua P.S. Case No. 307 of 2025, registered for the offence
punishable under Section 96 of B.N.S.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl and is jail since
05.05.2025. From the statement of victim girl recorded under
Section 183 of B.N.S. it appears that she has eloped with the
petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.5716 of 2026(5) dt.27-04-2026
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implicated in this case.
5. Learned APP appearing for the State as well as
informant opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
this application is allowed. Let the petitioner, above named, be
released on bail upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge of POCSO Act-cum-
ADJ-VI, Kaimur at Bhabhua /concerned Court below in
connection with Bhabhua P.S. Case No. 307 of 2025.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
sanjeev/-
U T
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