Patna High Court

Vishal Kumar @ Vishal Kumar DasversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.

Summary

Vishal Kumar was arrested in connection with an alleged kidnapping of a minor girl, the daughter of an informant, under sections 137(2), 96, 3(5) and 351(2) of the Bihar Penal Code. The victim’s statement under Section 183 of the Bihar N.S.S. indicated she was taken by unknown persons and mentioned a lady discussing payment with the petitioner, but did not directly implicate him. The petitioner argued he was falsely implicated, highlighted the absence of a medical examination, and pointed to a purported consensual relationship with the victim, also noting his clean record and custody since 30‑05‑2025. The State opposed bail on the ground that the victim is a minor. Considering the lack of direct evidence linking the petitioner, the victim’s statements, and the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to the accused in a kidnapping case involving a minor under the cited sections of the Bihar Penal Code.

Legislation cited

POCSO Act

Subjects

bail
kidnapping
minor
regular bail
criminal procedure
relationship
medical examination
POCSO

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86225 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Vishal Kumar @ Vishal Kumar Das S/o- Vinod Das @ Binod Das Resident of
                 village-Kachbachipur PS- Punaura Distt- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr.Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   23-02-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 137 (2), 96,

                   3 (5), 351 (2) of the BNS.

                                3.     The case of the prosecution is that the petitioner

                   allegedly kidnapped the minor daughter of the informant.

                   During the course of investigation, the victim has given her

                   statement under Section 183 of the BNSS wherein she has stated

                   that one Nilam Devi had taken her to Sitamarhi for fetching

                   medicine and thereafter, she was taken to Muzaffarpur. She
Patna High Court CR. MISC. No.86225 of 2025(4) dt.23-02-2026
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          further stated that she was brought to Patna by two unknown

          ladies. She only stated that one lady was talking to the petitioner

          regarding payment of money in exchange for handing her over.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          upon a perusal of the statement recorded under Section 183 of

          the BNSS, it is evident that no role has been attributed to the

          petitioner. It is further submitted that the victim has refused to

          undergo medical examination. Further a bare perusal of the case

          diary, it is also clear that the witnesses have stated that the

          petitioner and the victim               were in a relationship   outside

          marriage and were on talking terms. Moreover, the petitioner is

          languishing in judicial custody since 30.05.2025 having no

          criminal antecedent.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the victim is a minor girl.

                       6. Considering the aforesaid 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 Punaura P.S. Case No. 69 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.86225 of 2025(4) dt.23-02-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      Additional Sessions Judge -VI cum Special Judge, (POCSO

                      Act), Sitamarhi.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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