Patna High Court
Amit Kumar Paswan @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions laid down in Section 438(2) of the CrPC and Section 482 of the BNSS.
Summary
Amit Kumar Paswan applied for bail after learning that he might be arrested in connection with a case (Bachhwara P.S. Case No. 05 of 2023) alleging offences under Sections 366(a) and 34 of the Indian Penal Code for allegedly abducting a girl. The petitioner contended that he was falsely implicated and that the victim had voluntarily eloped with him. The informant’s counsel corroborated the petitioner’s version, supporting the claim of consensual elopement. The court examined the submissions and, finding no compelling reason to deny bail, allowed the application. Consequently, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner pending trial for alleged offences under Sections 366(a) and 34 of the IPC.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 366(a)
Subjects
- bail
- anticipatory bail
- kidnapping
- abduction
- IPC 366
- Criminal Procedure
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88642 of 2025
Arising Out of PS. Case No.-5 Year-2023 Thana- BACHHWARA District- Begusarai
======================================================
Amit Kumar Paswan @ Amit Kumar S/O Laxmi Paswan R/O Ranitol, P.S.-
Bachhwara, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajanan Mishra
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant Mr. Pradeep Kumar Sinha and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bachhwara P.S. Case No. 05 of 2023 registered
for the offence under Sections 366(a)/34 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
said to have abducted the victim girl.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that from the
statement of the victim, it appears that she has eloped with the
petitioner.
Patna High Court CR. MISC. No.88642 of 2025(2) dt.15-01-2026
2/2
5. Learned counsel for the informant has supported
the statement of the learned counsel for the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned CJM,
Begusarai/concerned Court below in connection with
Bachhwara P.S. Case No. 05 of 2023, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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