Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to Amit Kumar.
Summary
Amit Kumar was arrested in connection with the alleged kidnapping of three girls, including the informant's daughter, under sections 137(2), 87, 96 of the BNSS, later amended to include sections 144, 139(a)(I) of the BNS 2023 and sections 8 and 12 of the POCSO Act. The prosecution’s case is based mainly on a confessional statement of another accused, Niraj Kumar, while the girls’ statements under section 183 of the BNSS indicate they had gone to Delhi and do not name Amit Kumar. The petitioner contended that he is innocent, has no prior criminal record, and has been in judicial custody since 18‑09‑2025. The State opposed regular bail. The court, after considering the lack of direct evidence linking the petitioner and his clean record, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner despite serious charges under BNSS, BNS 2023 and POCSO Act.
- Whether the confessional statement of another accused suffices to justify continued detention.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- regular bail
- kidnapping
- POCSO
- confessional statement
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86488 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- ANGARGHAT District- Samastipur
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Amit Kumar S/o Akbar Khalifa R/o Mohalla - North of Sharda Cinema Hall,
Khushibad, Kaptanpara, P.S - Purnea Sadar, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manohar Devi W/o Ramchandra Das R/o Village - Dadhiya Asadhar, Ward
No. 6, P.S - Angarghat, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-03-2026 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), 87
and 96 of the BNSS later on Sections 144, 139 (a) (I) of the
BNS, 2023 and Section 8/12 of the POCSO Act were added.
3. The case of the prosecution in brief is that the
daughter of the informant aged about 19 years, namely, Kajal
Kumari had gone to school along with her cousin sister but did
not return home till evening. Thereafter, she was searched for
and during the course of such search, the informant came to
know that another girl, namely, Priti Kumari who is a classmate
Patna High Court CR. MISC. No.86488 of 2025(4) dt.19-03-2026
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of the informant’s daughter had also gone missing. Thus, all
three girls were found missing. The informant suspected that all
the three girls had been kidnapped by unknown miscreants.
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
during the course of investigation, Priti Kumari, Nandani
Kumari and Kajal Kumari have given their statement under
Section 183 of the BNSS and from their statement it is clear that
all the three girls had gone to Delhi. It is further submitted that
Nandani Kumari has stated that one Mukesh met them and took
them to Delhi. Kajal Kumar has also stated that Mukesh and one
lady were present, however, she has not named the present
petitioner. It is further submitted that name of the petitioner has
surfaced on the basis of the confessional statement of one Niraj
Kumar. Save and except the confessional statement, there is
nothing on record to implicate the petitioner. It is further
reiterated that none of the three girls have named the petitioner
in their statement recorded under Section 183 of the BNSS.
Moreover, the petitioner is languishing in judicial custody since
18.09.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
Patna High Court CR. MISC. No.86488 of 2025(4) dt.19-03-2026
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vehemently opposed the prayer of regular bail.
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 Angharghat P.S. Case No. 109 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
Additional Sessions Judge -VI cum Special Court (POCSO),
Samastipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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