Patna High Court
Kamlesh Kumar @ Kamlesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the seriousness of the allegations and the petitioner’s status as an absconder preclude the grant of regular bail.
Summary
The petitioner, Kamlesh Kumar, was charged with kidnapping and murdering the minor daughter of an informant, with the case originally registered in 2015. The prosecution alleged offences under multiple sections of the Indian Penal Code, the SC/ST (Prevention of Atrocities) Act, and the POCSO Act. The petitioner had been in custody since 30 September 2025, and an earlier anticipatory bail application had been rejected in 2017, leading the court to deem him an absconder. The petitioner sought regular bail, arguing his right to liberty. Considering the gravity of the charges and his status as an alleged absconder, the court declined to grant bail and dismissed the application.
Issues considered
- Whether regular bail can be granted to the petitioner in light of serious charges of kidnapping, murder, and offences under the SC/ST Act and POCSO Act.
- Whether the petitioner’s alleged status as an absconder justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 363, 364, 366(A), 376(D)
- Protection of Children from Sexual Offences Act — s. 4, 6
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(i), 3(XII)
Subjects
- regular bail
- kidnapping
- murder
- SC/ST Act
- POCSO Act
- absconder
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86058 of 2025
Arising Out of PS. Case No.-185 Year-2015 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Kamlesh Kumar @ Kamlesh Mahto S/O Nageshwar Mahto R/o Vill.-
Sarvarpur, P.S - Tariyani, District - Sheohar
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. xxxx W/O Batahu Ram R/o Vill.- Sarvarpur, P.S - Tariyani, District -
Sheohar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 14-05-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
POCSO Case No. 773 of 2017 arising out of Tariyani P.S. Case
No. 185 of 2015 registered for the offence under Sections
366(A), 34 of the Indian Penal Code and under Section 3(I)(XII)
of the SC/ST Act. Later on charge-sheet has been submitted
under Section 363, 364, 302, 376(D), 120B, 201 and 34 of the
Indian Penal Code, under Sections 3(i), (XII), 3(2)(v) of the
SC/ST Act and under Sections 4/6 of the POCSO Act.
3. As per the prosecution case, the allegation against
the petitioner is of kidnapping the minor daughter of the
informant and killing her.
Patna High Court CR. MISC. No.86058 of 2025(6) dt.14-05-2026
2/2
4. The petitioner is in custody since 30.09.2025.
5. The Case is of the year 2015 and the anticipatory
bail application of the petitioner has been rejected in the year
2017 and after that he is behind bars since 30.09.2025 which
clearly shows that he is an absconder.
6. In view of the serious allegations levelled against
the petitioner and considering the fact that he is an absconder,
this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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