Patna High Court
Pritam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions imposed under Section 480(3) of the BNSS.
Summary
The petitioner, Pritam Kumar, was arrested in connection with a kidnapping case involving a minor, charged under Sections 140(3) and 96 of the Bihar Narcotic Substances Act (BNSS) and Section 12 of the POCSO Act. The prosecution’s case is based on a confessional statement of co‑accused Sonu Kumar, who identified the petitioner merely as the driver of the vehicle in which the victim was taken, while the victim’s own statement indicated she returned in a vehicle with only a driver and an unknown person. No direct allegation of an overt act by the petitioner was made, and he has a clean antecedent and has been in custody since 4 September 2025, with a charge‑sheet already filed. The State opposed bail, but the court found the allegations against the petitioner vague, noted his clean record, and considered the material collected during investigation insufficient to justify continued detention. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the BNSS and POCSO Act.
- Whether the evidence, primarily a co‑accused’s confessional statement, is sufficient to justify continued custody.
- Whether Section 480(3) of the BNSS permits bail in the circumstances.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 140(3), 480(3), 96
- Protection of Children from Sexual Offences Act (POCSO Act) — s. 12
Subjects
- bail
- kidnapping
- minor
- POCSO
- BNSS
- clean antecedent
- confessional statement
- driver
- vague allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90236 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Pritam Kumar S/O Shashi Mandal @ Sashi Mandal Resident of Village-
Harinagar, Police Station- Akbarnagar, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Afsana Begam W/O Md. Sattar R/O Village- Rashidpur Akbar Nagar Ward
No. 3, P.S- Akbar Nagar, Distt.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Akbar Nagar P.S. Case No. 89 of 2025,
registered for the offences under Sections 140(3), 96 of the BNS
and Section 12 of the POCSO Act.
3. As per the prosecution case, minor daughter of the
informant went missing and the informant named coaccused
Sonu Kumar for being involved in the kidnapping of her
daughter. The name of the petitioner transpired for also being
involved in the said occurrence.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. The name of the petitioner came
Patna High Court CR. MISC. No.90236 of 2025(3) dt.20-02-2026
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up in the confessional statement of coaccused Sonu Kumar who
stated that the petitioner is a driver and the victim girl is stated to
have been taken away in the vehicle being driven by this
petitioner. But the victim girl in her statement recorded under
Section 183 of the BNSS stated that she was in love with
coaccused Sonu Kumar and thereafter she returned in a vehicle in
which there was only a driver and an unknown person. This
driver is said to be the petitioner. There is no other allegation of
any overt act against the petitioner for enticing away the victim
girl or taking away the victim girl as the allegation for the same
is against the coaccused. The petitioner has got clean antecedent
and he is in custody since 04.09.2025. Charge sheet has been
submitted.
5. Despite service of notice, there is no representation
on behalf of the O.P. No. 2/informant.
6. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
7. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation against the petitioner and the material
collected during investigation and also considering clean
antecedent of the petitioner, his period of custody and submission
of charge sheet, the petitioner is directed to be released on bail,
Patna High Court CR. MISC. No.90236 of 2025(3) dt.20-02-2026
3/3
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned POCSO-cum-District and Additional
Sessions Judge-VI, Bhagalpur/concerned court, in connection
with Akbar Nagar P.S. Case No. 89 of 2025, subject to the
condition laid down under Section 480(3) of the BNSS and other
following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by
the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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