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Patna High Court

Sujit RajvanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.79835 of 2025(4) dt.29-01-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.79835 of 2025(4) dt.29-01-2026
                                                           4/4




                         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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