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Patna High Court

Ashok SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Ashok Singh was arrested in connection with the kidnapping of a minor, charged under sections 140(3), 137(2), 351(3)(5) of the BNS and sections 8 and 12 of the POCSO Act. The victim’s statements under sections 180 and 183 of the BNS did not name the petitioner, and the only allegation against him appeared in the FIR. The petitioner claimed innocence and argued that the main accusation was against another accused, Abhishek Kumar, while he had been in judicial custody since 9 October 2025. The State opposed the bail application, citing the seriousness of the offences. The High Court, after considering the lack of direct evidence linking the petitioner to the crime, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, thereby granting the bail petition.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the BNS and POCSO Acts.
  • Whether the absence of the petitioner’s name in the victim’s statements under sections 180 and 183 of the BNS justifies bail.

Legislation cited

  • BNS — s. 137(2), 140(3), 180, 183, 351(3)(5)
  • POCSO Act — s. 12, 8

Subjects

  • bail
  • kidnapping
  • minor
  • POCSO Act
  • BNS
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88614 of 2025
                  Arising Out of PS. Case No.-667 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Ashok Singh Son of Late Satan Singh R/o Village - Bada Harpur, P.S. -
                 Harsidhi, Dist. - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    X W/o Y R/o Viillage - Gay Ghat, Ward no. 08, P.S. - Harsidhi, Distt. - East
                 Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-02-2026                       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 section 140 (3), 137

                   (2) and 351 (3) (5) of the BNS and Section 8/12 of the POCSO

                   Act.

                                3.     The case of the prosecution is that altogether 11

                   persons had kidnapped the minor daughter of the informant.

                                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, the victim has given her
            Patna High Court CR. MISC. No.88614 of 2025(3) dt.11-02-2026
                                                        2/2




                      statement under Sections 180 and 183 of the BNS wherein she

                      has not named this petitioner. The name of the petitioner finds

                      mention only in the FIR. There is a general and omnibus

                      allegation against this petitioner whereas the main thrust of

                      allegation is against Abhishek Kumar. Moreover, the petitioner

                      is languishing in judicial custody since 09.10.2025.

                                   5.     Learned APP appearing for the State has

                      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 Harsidhi P.S. Case No. 667 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 6 th

                      District and Additional Sessions Judge cum Exclusive Special

                      Judge, POCSO Act, East Champaran.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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