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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.85876 of 2025(4) dt.25-02-2026
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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
            Patna High Court CR. MISC. No.85876 of 2025(4) dt.25-02-2026
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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
Patna High Court CR. MISC. No.85876 of 2025(4) dt.25-02-2026
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