Patna High Court
Avinash Kumar @ Avinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner, directing the furnishing of a bail bond of Rs 10,000 with two sureties.
Summary
Avinash Kumar was arrested in connection with a kidnapping case (Kalyanpur PS Case No. 333 of 2023) under Sections 363 and 366(A) of the IPC. He applied for regular bail, asserting his innocence, a clean antecedent, and pointing out that the victim’s statement recorded under Section 164 of the CrPC did not allege any wrongdoing by him. The State opposed the bail. The Court considered the victim’s statement, the length of custody since 29 July 2025, and the petitioner’s background, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount to the satisfaction of the Additional District Sessions Judge‑cum‑Special Judge, POCSO Act, East Champaran. The bail was thus allowed and the petitioner released on the stipulated conditions.
Issues considered
- Whether regular bail should be granted to the accused under Sections 363 and 366(A) IPC in view of the victim’s statement under Section 164 CrPC.
- Whether the period of custody and the petitioner’s clean antecedent justify the grant of bail.
- Whether the conditions of bail (bond and sureties) are appropriate under the law.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act
Subjects
- bail
- kidnapping
- IPC
- Section 363
- Section 366A
- CrPC Section 164
- POCSO Act
- regular bail
- victim statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70772 of 2025
Arising Out of PS. Case No.-333 Year-2023 Thana- KALYANPUR District- East Champaran
======================================================
Avinash Kumar @ Avinesh Kumar S/o Raghwendra Ram R/o Village- Medan
Sirisiya, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mus. X W/o Late Y R/o Village- Shambhu Chak, Ward NHo. 10, P.S.-
Kalyanpur, Dist.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-04-2026 Despite valid service of notice, none appears on
behalf of the opposite party no. 2.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. Petitioner seeks regular bail in connection with
Kalyanpur P. S. Case No. 333 of 2023 registered for the
offences punishable under Sections 363, 366(A) of the Indian
Penal Code.
4. As per F.I.R., this petitioner assisted co-accused
Prakash Kumar in kidnapping the daughter of informant.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Victim in
Patna High Court CR. MISC. No.70772 of 2025(6) dt.22-04-2026
2/2
her statement recorded under Section 164 Cr.P.C. has not
alleged any wrong against the petitioner. Petitioner claims clean
antecedent and is in custody since 29.07.2025.
6. However, learned A.P.P. for the State vehemently
opposed the bail application.
7. Considering statement of the victim recorded under
Section 164 Cr.P.C. and period of custody, this bail application
is allowed. The petitioner, above named, is directed to 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 7th Additional District Sessions Judge-
cum-Special Judge, POCSO Act, East Champaran, Motihari in
connection with Kalyanpur P. S. Case No. 333 of 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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