Patna High Court
Pawan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 64(1), 87, 96
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 8
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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