Patna High Court
Krishna Paswan @ Krishn Paswan @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Krishna Paswan, was arrested on 18 November 2025 in connection with a kidnapping case involving a 14‑year‑old girl, alleged under Sections 137(2), 87 and 3(5) of the BNS Act and Section 4 of the POCSO Act. The prosecution’s case was based on the victim’s sister‑in‑law’s allegation that Paswan, with the assistance of his parents, had abducted the minor. Paswan contended that he has a clean antecedent, the FIR is fabricated, and the victim’s statement recorded under Section 183 of the BNSS does not support the prosecution. The Additional Public Prosecutor opposed bail, while Paswan’s counsel argued for his release. The court, noting the lack of corroborative evidence and Paswan’s clean record, ordered his release on bail of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, and verification of antecedents. The bail order is subject to cancellation if Paswan tampers with evidence, witnesses, or conceals any criminal history.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and the POCSO Act.
- Whether the victim’s statement under Section 183 of the BNSS sufficiently supports the prosecution’s case.
Legislation cited
Subjects
- bail
- kidnapping
- POCSO Act
- BNS Act
- Section 183 statement
- clean antecedent
- criminal antecedent verification
- fabricated FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6505 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- RAUTA District- Purnia
======================================================
Krishna Paswan @ Krishn Paswan @ Krishna Kumar S/O Appu Paswan
Resident of village- Millan Palli, Ward No. 18 P.S.- Kishanganj District-
Kishanganj
... ... Petitioner
Versus
1. The State of Bihar
2. Manju Devi W/o Rachandra Ram R/o Runki Ward No. 10, P.S. Routa,
District- Purnea.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha,Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Despite valid service of notice, no one has appeared
on behalf of OP No. 2.
3. Petitioner seeks bail who is in custody since
18.11.2025 in connection with Routta P.S. Case No. 273 of 2025
for the offences punishable under Sections 137(2), 87, 3(5) of
BNS and under Section 4 of POCSO Act.
4. The prosecution story, in brief, is that on 01.11.2025
at about 2 pm informant's minor daughter aged about 14 years
old went to Runki Chowk to buy household items. But she did
not return home. Despite extensive searches, she was nowhere
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to be found. Her daughter had been living with her aunt for the
post six years in Kishanganj and she had come to her village for
Chhath Puja. The informant called her sister- in-law and
informed her about her disappearance, she told that a boy
Krishna Paswan (petitioner) had been harassing her for some
time. She had informed the accused father and mother about this
matter, they had promised not to harass her in the future. When
the sister- in-law went to Krishna Paswan's house to took for
him, but he was not there. When she inquired with his parents,
they started abusing him. Then the informant became
completely convicted that Krishna Paswan, with the help of his
father Appu Paswan, mother Kranti Devi and Aruna Kumari D/o
Appu Paswan has kidnapped her minor daughter with wrong
intentions.
5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has been falsely
implicated in the present case, it is next submitted that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
It is next submitted that the victim in her statement recorded
under Section 183 of BNSS has not supported the case of the
prosecution, it is next submitted that police after investigation
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has submitted charge-sheet and the petitioner is in custody since
18.11.2025.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
and that petitioner is a person with clean antecedent and the
victim in her statement recorded under Section 183 of BNSS has
not supported the case of the prosecution, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions
Judge-VII-cum-Special Judge (POCSO), Purnea in connection
with Routta P.S. Case No. 273 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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