Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with the condition of cooperation in the trial.

Summary

The petitioner, Vikash Kumar, applied for regular bail in a case (Gadha P.S. Case No. 24 of 2025) involving alleged kidnapping and rape of a minor, with offences under Sections 137(2), 96 and 3(5) of the BNS. The prosecution alleged that the victim’s statement in the case diary named the petitioner and two others as perpetrators. The petitioner contended he was not named in the FIR, is innocent, and has a clean antecedent, while the main accused had already been granted bail. The court examined the credibility of the diary extract, the seriousness of the allegations, and the precedent of bail to the main accused. It concluded that bail could be granted with conditions, ordering the petitioner to furnish a Rs.10,000 bond with two sureties and to appear in court as required.

Issues considered

Whether the petitioner is entitled to regular bail despite being named in the victim's statement in the case diary.
Whether the nature of the alleged offences (kidnapping and rape of a minor) justifies denial of bail.
Whether the grant of bail to the main accused influences the petitioner's bail application.

Legislation cited

BNS — s. 137(2), 3(5), 96
Protection of Children from Sexual Offences Act (POCSO)

Subjects

regular bail
kidnapping
rape
minor
POCSO
BNS
case diary
surety
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59207 of 2025
                        Arising Out of PS. Case No.-24 Year-2025 Thana- GADHA District- Sitamarhi
                 ======================================================
                 Vikash Kumar S/o Yogeshwar Das @ Jageshwar Das R/o Village- Garha,
                 P.S.- Garha, Dist.- Sitamarhi                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar Tiwary
                 For the State            :        Mr. Nagendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   08-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail in

                   connection with Gadha P.S. Case No. 24 of 2025, registered for the

                   offences punishable under Sections 137(2), 96, 3(5) of the BNS.

                                    3. As per the prosecution case, on 12.05.2025, all the

                   FIR named accused persons kidnapped the informant’s minor

                   daughter aged about 17 years.

                                  4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is not named in the FIR. Learned

                   counsel has further submitted that the persons who have complicity

                   in the present occurrence, have specifically been named in the FIR. It

                   has further been submitted that main accused, Chandan Kumar has

                   been granted regular bail by a co-ordinate Bench of this Court. The

                   petitioner is a person of clean antecedent and is in custody since
             Patna High Court CR. MISC. No.59207 of 2025(3) dt.08-01-2026
                                                         2/2




                       30.05.2025.

                                    5. On the other hand, learned APP for the State opposed

                       the prayer for bail by submitting that in paragraph-30 of the case

                       diary, the victim has named the petitioner and two other co-accused

                       persons and levelled allegation of rape against them.

                                    6. The case diary does not contain original statement, only

                       the extract thereof is available in paragraph no. 30 of the case diary.

                       Main co-accused person has been granted bail by a co-ordinate

                       Bench of this Court.

                                    7.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, be released on bail on

                       furnishing bail bonds of Rs.10,000/- with two sureties of the like

                       amount each to the satisfaction of learned A.S.J.-VI, POCSO,

                       Sitamarhi in connection with Gadha P.S. Case No. 24 of 2025,

                       subject to the condition that the petitioner shall cooperate in the

                       disposal of trial and make himself available as and when required by

                       the court.

                                    8. The petitioner is directed to be present physically in the

                       learned Court below on each and every date fixed in the case.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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