Created by Fuzzy Cloud

Patna High Court

Babby KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to the conditions prescribed under the CrPC and the Bihar Negotiable Instruments Act.

Summary

The petitioners – Babby Kumar, Shambhu Ram and Golu – applied for bail fearing arrest in a case (Goraul P.S. Case No. 482 of 2024) alleging offences under Sections 137(2), 96, 3(5) of the Bihar Negotiable Instruments Act and Sections 4 and 6 of the POCSO Act, with the prosecution alleging abduction of a minor girl. The petitioners contended that they were falsely implicated and that the victim’s statement indicated she had left her home voluntarily. The court examined the claim of innocence and the victim’s statement, finding no compelling reason to deny bail. Relying on the provisions of Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Instruments Act, the court allowed the bail application. The petitioners were ordered to surrender within four weeks, furnish a bail bond of Rs 10,000 and two sureties of equal amount, subject to the usual conditions. The order effectively secured their release pending trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged abduction under the POCSO Act and related offences.
  • Whether the victim’s statement that she left home voluntarily warrants denial of bail.

Legislation cited

Subjects

  • bail
  • POCSO Act
  • abduction
  • Criminal Procedure
  • victim statement
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68458 of 2025
                       Arising Out of PS. Case No.-482 Year-2024 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Babby Kumar S/O Shambhu Ram @ Shambhu Ray Resident of Village-
                  Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur
           2.    Shambhu Ram @ Shambhu Ray S/O Late Lal Dev Ram Resident of Village-
                 Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur
           3.    Golu S/O Mithilesh Das @ Mithilesh Kumar Das Resident of Village-
                 Chehrakala, P.S.- Goraul, Dist.- Vaishali at Hajipur

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar BIHAR
           2.    Vilas Paswan R/O Vill.- Manjiya, P.O.- Baksama, P.S.- Kathara, Dist.-
                 Vaishali at Hajipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sachin Kumar
                 For the Opposite Party/s :        Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   26-02-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Goraul P.S. Case No. 482 of 2024 registered for

                   the offence under Sections 137(2), 96, 3(5) of the BNS and

                   under Sections 4/6 of the POCSO Act.

                                   3. As per the prosecution case, the petitioners are

                   said to have abducted the victim girl.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have
          Patna High Court CR. MISC. No.68458 of 2025(4) dt.26-02-2026
                                                      2/2




                    falsely been implicated in this case. It has further been

                    submitted by the learned counsel for the petitioners that from

                    the statement of the victim girl, it appears that she has left her

                    house on her own.

                                    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 where the case is pending in connection with

                    Goraul P.S. Case No. 482 of 2024, subject to the conditions laid

                    down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.



                                                               (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.