Patna High Court
Shyam Bahadur Kumar @ Shyam Chotu @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Shyam Bahadur Kumar applied for regular bail in a case registered under Sections 64, 61(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act, alleging kidnapping and sexual relationship with a minor. The prosecution opposed bail, asserting the seriousness of the offences. The victim’s statement, however, identified another person, Vishal Kumar, as having a sexual relationship with her and made no allegation against the petitioner. The court examined the statements and found no direct incriminating evidence against the petitioner. Consequently, the court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner accused under the Bharatiya Nyaya Sanhita and POCSO Act in the absence of direct incriminating evidence.
- Whether the victim’s statement implicating another individual negates the necessity of continued custody of the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 351(2), 61(2), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- kidnapping
- sexual offences
- victim statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68314 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Shyam Bahadur Kumar @ Shyam Chotu @ Chhotu S/o- Kaushalendra Sah @
Kaushlendra Prasad Village- Kharoj PS- Surajpura District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Shivaji Prasad Gupta S/o- Late Sitaram Sah Village- Kharoj PS-Suryapura
District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh Sr. Advocate
Mr. Rakesh Singh
For the Opposite Party/s : Mr. Rajendra Singh
For the O.P No. 2 : Mr. Mithilesh Kumar Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-03-2026 Heard the learned Senior Counsel for the petitioner,
the learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Suryapura P.S. Case No. 86 of 2025 registered for the offence
under Section(s) 64, 61(2), 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 4/6 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl and establishing physical
relationship with her.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
Patna High Court CR. MISC. No.68314 of 2025(5) dt.24-03-2026
2/2
offence. Petitioner is in custody since 22.03.2025.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. As per the statement
of the victim girl, one Vishal Kumar is said to have established a
sexual relationship with the victim. It appears from the
statement that Vishal Kumar was in a relationship with the
victim and there is no allegation against the petitioner in the
statement of the victim.
7. In view of the above, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Suryapura P.S. Case
No. 86 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…