Patna High Court
Ganesh Kumar Sah @ Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Ganesh Kumar petitioned for bail in a case originally registered under Section 137(2)/96 of the B.N.S. and later amended to include Sections 65(1), 109, 3 and 5 of the B.N.S., Sections 4, 8 and 12 of the POCSO Act, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, along with an IPC provision. He is alleged to have kidnapped the minor daughter of an informant together with co‑accused Mantoo Sharma. The petitioner claimed innocence, asserting that the victim’s statement under Section 183 of the B.N.S. did not allege any wrongdoing on his part and that he was merely a "goat" because his car was used by the co‑accused. The State opposed bail. The court, after considering the victim’s statement and the petitioner’s clean antecedents, granted bail on a bond of Rs. 10,000 with two sureties, subject to his cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences including POCSO and SC/ST Act charges.
- Whether the victim’s statement under Section 183 of the B.N.S. exonerates the petitioner from the alleged kidnapping.
- Whether the petitioner’s alleged involvement is merely incidental (providing a car) and thus warrants bail.
Legislation cited
- B.N.S. — s. 109, 137(2), 183, 3, 5, 65(1), 96
- POCSO Act — s. 12, 4, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- kidnapping
- minor
- POCSO
- SC/ST Act
- false implication
- victim statement
- exclusive special court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70230 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Ganesh Kumar Sah @ Ganesh Kumar S/O Brij Bihari Sah R/O Village-
Saghari, P.S- Aurai, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Triveni Ram S/O Late Pragash Ram R/O Village- Saghari, P.S- Aurai, Dist.-
Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case initially registered for
the offence punishable under Section-137(2)/96 of B.N.S. and later
on, Sections-65(1), 109, 3/5 of BNS & 4 of POCSO Act as well as
Section-3(2)(v) of SC/ST (Prevention of Atrocities) Act was also
added. of the Indian Penal Code and Section-8/12 of POCSO Act.
3. It is alleged that the petitioner alongwith one Pintu
Sharma kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and he has falsely been implicated in this
case. It has further been submitted that as a matter of fact, the victim
had love and affection with the co-accused Mantoo Sharma, who had
Patna High Court CR. MISC. No.70230 of 2025(3) dt.05-01-2026
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taken the car of the petitioner on fare and in course of moving by that
car, the villagers saw the car who disclosed the name of the
petitioner. Hence, the petitioner has been made escape goat for hiring
his car to the co-accused. The petitioner is a person of clean
antecedent and he is behind bar since 27-07-2025.
5. Learned APP has opposed the prayer for bail.
6. The statement of the victim recorded under Section 183
of the BNSS shows that she did not level any allegation against the
petitioner. Whatever the allegation is, the same has been levelled
against the co-accused Mantoo Sharma.
7. Considering the aforesaid facts and circumstances, let
the petitioner named above, 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 learned Exclusive Special Court,
POCSO-III, Muzaffarpur in connection with Aurai P.S. Case No. 166
of 2025 subject to the condition that the petitioner shall cooperate
with the trial of the case and make himself available as and when
required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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