Patna High Court
Binay DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Binay Das, was arrested in connection with a kidnapping case (Laxmipur P.S. Case No. 449/2023) involving offences under IPC sections 363, 366(a), 506, 34 and POCSO Act sections 4 and 8. He claimed innocence, asserting that the alleged victim had eloped with him, and highlighted his clean antecedents and cooperation with the trial. The prosecution opposed his regular bail application, citing the seriousness of the charges. The court, after considering the facts, granted regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. Consequently, the petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether regular bail should be granted in a case involving kidnapping and offences under the POCSO Act
- Whether the petitioner poses a flight risk or risk of tampering with evidence
Legislation cited
- Indian Penal Code — s. 34, 363, 366(a), 506
- Protection of Children from Sexual Offences Act — s. 4, 8
Subjects
- bail
- kidnapping
- POCSO
- IPC
- regular bail
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5908 of 2026
Arising Out of PS. Case No.-449 Year-2023 Thana- LAXMIPUR District- Jamui
======================================================
Binay Das S/O Balram Das R/O Vill.- Bela, P.S.- Laxmipur, Dist.- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. XXX W/O YYY R/O Vill.- Sakal Bichla tola, P.S.- Laxmipur, Dist.- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Raj, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Laxmipur P.S. Case No. 449/2023 registered for the offences
punishable under Sections 363, 366(a), 506 and 34 of the Indian
Penal Code and Sections 4 and 8 of POCSO Act.
3. As per the prosecution case, petitioner is alleged of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim, it appears that she has eloped with the
petitioner. Petitioner has clean antecedent and he is in custody
Patna High Court CR. MISC. No.5908 of 2026(3) dt.31-03-2026
2/2
since 03.11.2025. 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 facts and circumstances of the
case, 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 J.M. 1st Class, Jamui /concerned
Court below in connection with Laxmipur P.S. Case No.
449/2023.
(Sandeep Kumar, J)
tusharika/-
U T
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