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Patna High Court

Pawan Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions of cooperation in the trial.

Summary

Pawan Kumar Sah was arrested for allegedly kidnapping a minor girl with the intent to sell her in an orchestra. The charges include offences under Sections 87, 96 of the Bihar Narcotic Substances Act, 2023, later amended to include Sections 137(2), 96, 64(1) of the same Act, and Sections 4 and 8 of the POCSO Act. The petitioner had previously obtained bail in a similar case (Kuchaikot PS Case No. 444 of 2024) and has been in custody since 15 March 2025. He applied for regular bail, arguing that the earlier bail order demonstrates his eligibility for release. The court, after hearing both sides, decided that bail could be granted on condition of a Rs.10,000 bond with two sureties and the petitioner’s cooperation in the trial. Accordingly, the petitioner was ordered to be released on bail subject to the stipulated conditions.

Issues considered

  • Whether regular bail should be granted to the accused in a kidnapping and child trafficking case involving offences under the BNS Act, 2023 and the POCSO Act.

Legislation cited

Subjects

  • bail
  • kidnapping
  • child trafficking
  • POCSO Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66241 of 2025
                    Arising Out of PS. Case No.-65 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Pawan Kumar Sah S/o Nand Lal Sah Resident of Village - Chaurav, P.S -
                 Kuchaikot, District - Gopalganj
                                                                     ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Tetari Devi W/o Vijay Baitha R/o Village - Khajuri, P.S - Kuchaikote,
                  District - Gopalganj
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Upadhyay
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   31-01-2026                      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 Kuchaikot P.S. Case No. 65 of 2025, registered for the

                   offences punishable under Sections 87, 96 of the BNS, 2023

                   later on the investigation officer has added Sections 137(2), 96,

                   64(1) of the BNS and Sections 4/8 of the POCSO Act.

                                3. As per allegation, the petitioner kidnapped the

                   minor daughter of the informant with the intention of selling her

                   in an orchestra.

                                4. The learned counsel for the petitioner has submitted

                   that, with similar allegation, the mother of the victim had lodged

                   Kuchaikot P.S. Case No. 444 of 2024, in which the final form
           Patna High Court CR. MISC. No.66241 of 2025(3) dt.31-01-2026
                                                       2/2




                     was submitted and the petitioner was granted bail. After two

                     months thereof, the present case has been lodged with similar

                     allegation. The petitioner has been in custody since 15.03.2025.

                                  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 & Addl. Sessions Judge-VI-cum-Spl. Judge

                     POCSO, Gopalganj/concerned court in connection with

                     Kuchaikot P.S. Case No. 65 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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