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Patna High Court

Shani Kumar @ Sani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to strict conditions.

Summary

Shani Kumar was arrested on 20 July 2025 in connection with a kidnapping case involving a minor girl, alleged under Sections 64(A) and 87 of the Bihar Narcotic Substances Act, 2023 and Sections 4 and 8 of the POCSO Act. The victim was later recovered and, in a statement recorded under Section 183 of the B.N.S.S., 2023, did not support the prosecution’s case and also refused a medical examination. The petitioner contended that he has a clean antecedent and was falsely implicated, seeking bail. The State and the informant opposed the bail application. Considering the victim’s non‑cooperation, the petitioner’s clean record, and the lack of supportive evidence, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping and POCSO case given the seriousness of the offences.
  • Whether the victim’s statement under Section 183 and refusal of medical examination affect the bail decision.
  • Whether the petitioner’s clean antecedent warrants bail despite the charges.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • Section 183
  • clean antecedent
  • victim statement
  • Bihar Narcotic Substances Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82204 of 2025
                       Arising Out of PS. Case No.-372 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Shani Kumar @ Sani Kumar S/o Nagima Paswan @ Nagina Paswan R/o
                 Village - Gorsar, P.S - Ghosi, District - Jehanabad

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    XXX W/o Raj Kumar Ram R/o Village - Garsar, P.S - Ghosi, District -
                 Jehanabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Advocate
                 For the Informant       :        Mr. Amrendra Kumar Singh, Advocate
                 For the State            :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                     Heard Mr. Arvind Prasad Singh, learned counsel for

                   the petitioner, Mr. Amrendra Kumar Singh, learned counsel for

                   the Informant and Mr. Shailendra Kumar Singh, learned APP for

                   the State.

                                 2. Petitioner seeks bail, who is in custody since

                   20.07.2025, in connection with Ghosi P.S. Case No. 69 of 2025,

                   F.I.R. dated 18.07.2025 registered for the offences punishable

                   under Sections 64(A), 87 of the B.N.S, 2023 and Section 04 &

                   08 of the POCSO Act.

                                 3. Allegation against the petitioner is that he along

                   with other co-accused persons have kidnapped the victim girl.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82204 of 2025(3) dt.31-01-2026
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          petitioner has clean antecedent and he has been falsely

          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          He further submits that the victim was recovered and her

          statement was recorded under Section 183 of the B.N.S.S., 2023

          in which she has not supported the case of the prosecution and

          apart from aforesaid she has also refused for her medical

          examination and the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 20.07.2025.

                       5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          victim has not supported the case of the prosecution in her

          statement recorded under Section 183 of the B.N.S.S., 2023 and

          she has also refused for her medical examination, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned District &
               Patna High Court CR. MISC. No.82204 of 2025(3) dt.31-01-2026
                                                           3/3




                         Additional Sessions Judge-VI cum Special Judge (POCSO),

                         Jehanabad in connection with Ghosi P.S. Case No. 69 of 2025,

                         subject to the following conditions :-

                                      (1) 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 absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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