Patna High Court
Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail upon furnishing the prescribed bond and sureties, subject to cooperation with the trial.
Summary
The petitioner, Karan Kumar, was arrested in connection with a case registered under Sections 137, 96, 3(5) of the Bihar Narcotic Substances Act and Section 8 of the POCSO Act, alleging that he kidnapped a minor daughter and niece of an informant. The petitioner pleaded innocence, asserting that none of the three victims named him and that only co‑accused Mantu and Manjesh were identified, while also highlighting his clean antecedent and custody since 1 June 2025. The State opposed the bail application, contending the seriousness of the offences. The Court examined the allegations, the lack of direct victim testimony against the petitioner, and his personal background. It concluded that the petitioner was entitled to regular bail, directing him to furnish a bail bond of Rs 10,000 with two sureties of equal amount, subject to cooperation with the trial and availability as required by the court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bihar Narcotic Substances Act and the POCSO Act
- Whether the absence of victim testimony naming the petitioner justifies the grant of bail
- Whether the conditions imposed on bail are appropriate under the circumstances
Legislation cited
- Bihar Narcotic Substances Act — s. 137, 3(5), 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- regular bail
- kidnapping
- POCSO Act
- Bihar Narcotic Substances Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64847 of 2025
Arising Out of PS. Case No.-283 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Karan Kumar S/o- Sobhi Prasad @ Shobhi Prasad R/v- Laxmipur Bhataba
W.No-13, Ps- Sugauli Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hira Manjhi S/o- Late Raghubir Singh Village- Sripur Rampur, W.No-4, Ps-
Sugauli Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 21-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Sugauli P.S. Case No. 283 of 2025, registered for the
offences punishable under Sections 137, 96, 3(5) of the BNS
and Section 8 of the POCSO Act.
3. As per allegation, the petitioner kidnapped the
minor daughter and niece of the informant.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that none of the three victims
has named the petitioner. They have only named the co-accused
Mantu and Manjesh, and stated that they went to Delhi of their
Patna High Court CR. MISC. No.64847 of 2025(4) dt.21-01-2026
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own sweet will. He has also submitted that the petitioner is a
person of clean antecedent and has been in custody since
01.06.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, 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 District & Additional Sessions Judge-cum-Exclusive
Special Judge, POCSO Act, East Champaran,
Motihari/Concerned Court in connection with Sugauli P.S. Case
No. 283 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)
Nirmal/-
U T
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