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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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