Patna High Court
Umesh paswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, finding no sufficient ground to deny bail.
Summary
Umesh Paswan and Gyatri Devi applied for anticipatory bail fearing arrest in a case (Shikarganj PS Case No. 158 of 2025) involving alleged abduction of a minor under Sections 140(3) and 87 of the Bihar Narcotic Substances Act and Sections 4 and 8 of the POCSO Act. The prosecution alleged that the petitioners, who are relatives of the main accused Pintu, were involved in the offence. The petitioners contended they were falsely implicated and had no role in the alleged crime. The Court, after hearing counsel, found merit in the petition and granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The Court also directed the police to arrest the main accused and recover the alleged victim.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the allegations under the BNS Act and POCSO Act
- Whether the petitioners are likely to tamper with evidence or influence the investigation
Legislation cited
- Bihar Narcotic Substances Act (BNS) — s. 140(3), 87
- Bihar Narcotic Substances Act (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
Subjects
- anticipatory bail
- POCSO
- Bihar Narcotic Substances Act
- Criminal Procedure Code
- bail conditions
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65552 of 2025
Arising Out of PS. Case No.-158 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
1. Umesh paswan Son of Late harinand paswan Resident of village - Nayka
Tola, P.S. - Shikarganj, Dist. - East Champaran.
2. Gyatri Devi Wife of Umesh Paswan Resident of village - Nayka Tola, P.S. -
Shikarganj, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Medu Thakur Son of Late Dhanpat Thakur Resident of village - Haraj, P.S. -
Shikarganj, Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Shikarganj P.S. Case No. 158 of 2025
registered for the offence under Sections 140(3), 87 of the BNS
and under Sections 4, 8 of the POCSO Act.
3. As per the prosecution case, the petitioners are
accused of abducting the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and they have
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.65552 of 2025(4) dt.24-02-2026
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petitioners are the relatives of main accused Pintu and they have
no role to play in the alleged offence.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 concerned
Court below in connection with Shikarganj P.S. Case No. 158 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS. The petitioners are directed to co-operate in the
investigation.
7. The Superintendent of Police, East Champaran is
directed to take all steps for arrest of the main accused and for
recovery of the alleged victim girl.
(Sandeep Kumar, J)
Vikas/-
U
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