Patna High Court
Kamare AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Kamare Alam, was arrested in connection with a kidnapping case (PS Case No.120/2025) involving offences under the Bihar Narcotic Substances Act and the POCSO Act. He applied for regular bail, claiming innocence and asserting that the victim voluntarily went with him. The prosecution opposed the bail, citing the seriousness of the charges and the petitioner’s prior criminal antecedent. The court examined the facts, the victim’s statement, and the petitioner’s willingness to cooperate, and found no compelling reason to deny bail. Consequently, the court granted regular bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released upon furnishing the bail bonds to the concerned court.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 64, 352, 351(1), 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 351(1), 352, 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
Subjects
- bail
- regular bail
- kidnapping
- POCSO Act
- B.N.S. Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89961 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Kamare Alam Son of Md. Sakir Resident of village- Barbiro, Ps- Lauriya,
Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Bhimal Miya Resident of village- Barbiro, Ward no. 11, Ps-
Lauriya, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Lauriya P.S. Case No. 120/2025 registered for the offences
punishable under Sections 64, 352, 351(1), 3(5) of the B.N.S.
and Sections 4 and 6 of the POCSO Act.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that from the statement of the
victim, it appears that she had herself gone with the petitioner.
Patna High Court CR. MISC. No.89961 of 2025(5) dt.23-04-2026
2/2
Learned counsel further submits that petitioner has one criminal
antecedent and he is in custody since 10.03.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions Judge
VII-cum – Special Judge, POCSO Act, West Champaran at
Bettiah /concerned Court below in connection with Lauriya P.S.
Case No. 120/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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