Patna High Court

Sandeep KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Sandeep Kumar, was arrested in connection with a kidnapping case (Kotwa P.S. Case No. 38 of 2025) alleged under Sections 87 and 96 of the BNS. The informant claimed his 13‑year‑old daughter was abducted by the petitioner and co‑accused, while the petitioner’s counsel argued his innocence, citing the victim’s statement recorded under Section 183 of the BNSS that he was not present. The petition sought regular bail, contending the petitioner has a clean antecedent and has been in custody since 26‑02‑2025. The State and the informant opposed bail, emphasizing the victim’s minor age (about 14‑15 years). Considering the facts, custody period, and the petitioner’s cooperation, the court directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and released him on bail subject to conditions. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

Whether regular bail should be granted to the accused in a kidnapping case involving a minor under Sections 87 and 96 of the BNS.

Legislation cited

BNS — s. 87, 96
BNSS — s. 183
POCSO Act

Subjects

bail
regular bail
kidnapping
minor
Section 87
Section 96
Section 183
POCSO Act
East Champaran
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63842 of 2025
                    Arising Out of PS. Case No.-38 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Sandeep Kumar S/o Nandu Das R/o Village- Bankat Bairiya P.S.-Muffasil,
                 District- East Champaran                            ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Pappu Kumar Gupta S/o Late Mahendra Sah R/o Vill- Kotwa, P.S.- Kotwa,
                  Distt- East Champaran
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Ranjana Srivastava, Advocate
                 For the State              :      Mr. Shailendra Kumar, APP
                 For the Informant          :      Mr. Rakesh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   21-01-2026                          Heard learned counsel for the petitioner as well as

                   informant and learned APP for the State.

                                2. The petitioner is seeking regular bail in connection with

                   Kotwa P.S. Case No. 38 of 2025, registered for the offences

                   punishable under Sections 87 and 96 of the BNS.

                                3. As per the prosecution case, on 23.01.2025, the

                   informant reported that his 13 year old daughter went missing from

                   their home. The informant alleges that the petitioner along with other

                   co-accused persons, conspired to kidnap his minor daughter.

                                4. The learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.

                   Learned counsel has further submitted that statement of victim has

                   been recorded under Section 183 of the BNSS and in paragraph-5,

                   she stated that the petitioner never came to the room where she has
             Patna High Court CR. MISC. No.63842 of 2025(5) dt.21-01-2026
                                                         2/2




                       been captivated. He has also submitted that the petitioner is a person

                       of clean antecedent and is under custody since 26.02.2025.

                                    5. On the other hand, the learned counsel for the informant

                       as well as State, opposed the prayer for bail and submitted that the

                       victim is a minor girl aged about 14-15 years.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances as well as period of custody, let the petitioner above-

                       named, is directed to furnish bail bond and on doing so, the court

                       below shall release the petitioner on bail on furnishing bail bonds of

                       Rs.10,000/-       with two sureties of the like amount each to the

                       satisfaction of learned 6th District and Additional Sessions Judge-

                       cum-Exclusive Special Judge, POCSO Act, East Champaran at

                       Motihari in connection with Kotwa P.S. Case No. 38 of 2025, subject

                       to the following conditions that the petitioner shall cooperate in

                       the disposal      of trial and     make himself available as and when

                       required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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