Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner because the evidence presented did not conclusively link him to the kidnapping and murder, and his confessional statement only admitted an affair, not the alleged offences.
Summary
The petitioner, Amit Kumar, was charged with offences under sections 137(2), 87, 96, 64, 108 of the BNS and sections 4 and 8 of the POCSO Act for allegedly kidnapping and killing the minor daughter of an informant. The prosecution alleged that the petitioner, along with co‑accused, abducted the child and later the body was recovered. The petitioner’s counsel argued that he is innocent, citing a confessional statement in which he only admitted an affair with the deceased and that he had dropped her at her house, and noted that other co‑accused had already been granted bail. The State’s counsel relied on witness statements in the investigation diary (paras 27 and 28) claiming the kidnapping and murder, but the court observed that these witnesses were not eye‑witnesses and did not explain how they knew of the alleged crime. Considering the lack of direct evidence and the petitioner’s confession not implicating him in the kidnapping or murder, the court decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the BNS and POCSO Acts.
- Whether the witness statements and the confessional statement provide sufficient grounds to deny bail.
Legislation cited
Subjects
- regular bail
- kidnapping
- POCSO Act
- confessional statement
- evidence assessment
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85876 of 2025
Arising Out of PS. Case No.-213 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Amit Kumar S/o Subhash Gupta R/o Village - Nawka Tola, P.S- Bhorey,
District - Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Y R/o Village - Nawka Tola, Janki Nagar, P.S- Bhorey, District -
Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Priyanka Singh, Advocate
Mr. Adarsh Singh, Advocate
Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 137(2), 87,
96, 64, 108 of the BNS and Sections 4 and 8 of the POCSO Act.
3. The case of the prosecution is that the minor
daughter of the informant was kidnapped by this petitioner and
others. The dead body of the deceased was recovered later on.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case, during
the course of investigation, this petitioner has given his
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confessional statement and from perusal of his confessional
statement, it transpires that on 23.05.2025, he had gone to meet the
minor daughter of the informant on a bike which was being driven
by Bittu Kumar (co-accused). In the confessional statement, this
petitioner has stated that in the morning that when he opened his
WhatsApp chat, he found a message from the victim stating that
she was going to end her life. He also submits that the only
allegation against the petitioner is that he was having relationship
with the deceased. Learned counsel has further submitted that
other co-accused persons have already been granted bail by this
court vide Cr. Misc. Nos 50267 of 2025 and 53306 of 2025.
Moreover, the petitioner is languishing in judicial custody since
25.05.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail. Learned counsel has submitted that the witnesses
have stated that this petitioner has kidnapped the minor daughter
of the informant. He has brought to the notice para-27 of the
diary where the witnesses have stated that the deceased has gone
in a marriage party and the witness has given her mobile to the
deceased for clicking photos. She returned back and after a
considerable moment when the deceased did not come, she was
being searched and she came to know that the petitioner along
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with other has kidnapped the minor daughter and has killed her.
Same statement has been given in para-28 of the diary.
6. From perusal of these statements it is clear that the
witnesses who have given their statement during investigation in
para-27 and para-28 of the diary are not the eye witnesses and
they have not disclosed how they came to know that the
petitioner along with other has kidnapped the minor daughter of
the informant. As far as the confessional statement of the
petitioner is concerned, he has only admitted that he was having
affair with the deceased and that he has dropped her at her house
at that night.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bhorey P.S. Case No. 213 of 2025 on furnishing bail bond 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 POCSO, Gopalganj.
(Ashok Kumar Pandey, J)
shubham/-
U T
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