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Patna High Court

Binay DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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