Patna High Court
Sujit RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Sujit Rajvanshi, was arrested on 2 May 2025 in connection with a kidnapping case involving a 13‑year‑old girl, alleged under Sections 329(4), 137(2), 140(3) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act. He filed a bail petition, contending that the FIR was filed two days after the alleged incident without explanation, that the victim’s statement under Section 183 of the BNS Act did not support the prosecution, and that the victim refused a medical examination. The State opposed bail, noting that the petitioner has another pending case, though he is already on bail in that matter. The Court examined the delay in filing the FIR, the lack of corroborative victim testimony, and the petitioner’s criminal antecedent, and concluded that bail could be granted with strict conditions. Accordingly, the Court ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and POCSO case despite the delay in filing the FIR.
- Whether the victim’s non‑cooperation and statement affect the grant of bail.
- Whether the existence of another pending case influences the bail decision.
Legislation cited
Subjects
- bail
- kidnapping
- minor
- POCSO
- criminal procedure
- delay in FIR
- victim statement
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79835 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Sujit Rajvanshi S/o Munshi Rajvanshi R/o Village- Dariyapur Prem Lopit
Tola, P.S- Paliganj, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Ramu Rajvanshi R/o Village- Dariyapur Prem Lopit Tola, P.S-
Paliganj, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr.Raja Ram Mishra, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
02.05.2025 in connection with Paliganj P.S. Case No. 196 of
2025, F.I.R. dated 30.04.2025 registered for the offence
punishable under Sections 329(4),137(2),140(3) and 3(5) of
BNS,2023 and Section 8 and 12 of POCSO Act.
3. The prosecution case, in short, is that on
28.04.2025, accused persons including the petitioner are
alleged to have kidnapped the minor daughter (the victim)
aged about 13 years of the informant.
Patna High Court CR. MISC. No.79835 of 2025(4) dt.29-01-2026
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4. Learned counsel appearing for the petitioner
submits that despite valid service of notice upon opposite
party No.2, no one appears on behalf of opposite party No.2.
Further submits that the allegation as alleged in the FIR is
false and fabricated and the petitioner has not committed any
offence as alleged in the FIR. As per allegation in the FIR that
the date of occurrence as alleged in the FIR is 28.04.2025 and
the victim returned to her home on 29.04.2025 but the present
FIR has been instituted on 30.04.2025 after delay of two days
without giving any explanation of delay. The statement of the
victim was recorded under Section 183 of BNSS, 2023 in
which she has not supported the case of the prosecution and
apart from that, the victim has also refused for her medical
examination which was recorded in paragraph-27 of the case
diary. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in
custody since 02.05.2025.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries one more case other
than the present one but fairly submits that the petitioner is on
bail in the said case, as mentioned in para-3 of the bail
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petition.
6. Considering the aforesaid facts, let the petitioner,
above named, 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 Additional
Sessions Judge-VII-cum- Special Court (POCSO), Patna in
connection with Paliganj P.S. Case No. 196 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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