Patna High Court
Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Bhushan Kumar, was arrested in connection with a kidnapping case involving a 17‑year‑old girl, alleged under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Section 8 of the POCSO Act. The girl’s statement under Sections 180 and 183 of the BNSS denied any kidnapping, stating she had travelled to Jharkhand with the petitioner on a tour. The petitioner, who has been in custody since 10 October 2025 and has no prior criminal record, applied for bail. The State opposed the bail application. Considering the petitioner’s clean antecedent, the duration of his custody, and the victim’s denial of the alleged offence, the Court inclined to grant bail. Accordingly, bail was ordered on a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the concerned Special Judge of the POCSO Act.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping under the Bharatiya Nyaya Sanhita and POCSO Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 180, 183, 96
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- bail
- kidnapping
- POCSO Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8564 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Bhushan Kumar S/o Late Munna Tanti R/o Village - Bangali Ashram, P.S -
Vishnupad, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX W/o YYY R/o Mohalla - Mustafabad, Near - Chhote Hanuman Mandir,
P.S - Rampur, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv.
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
5 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rampur P.S. Case No. 294 of 2025 instituted for the offences
under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita
and Section 8 of the POCSO Act.
3. The allegation is that 17 years daughter of the
informant was kidnapped by the petitioner. The girl in her
statement under Section 180 and 183 of BNSS has clearly
denied such allegation and stated that she had gone to Jharkhand
with the boy on a tour.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 10.10.2025 and
has got no criminal antecedent.
Patna High Court CR. MISC. No.8564 of 2026(5) dt.06-05-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned District and
Additional Sessions Judge-VI-cum-Special Judge of POCSO
Act, Gaya/concerned Court in connection with Rampur P.S.
Case No. 294 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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