Allowed¶22

Avinash Kumar @ Avinesh Kumar v. The State of Bihar

Patna HC22 Apr 2026CR. MISC./70772/2025

Case brief

AI extract

What is this about?

Regular bail granted - kidnapping case, Ss. 363, 366(A) IPC, Kalyanpur P.S. Case No. 333 of 2023, East Champaran - victim's s.164 Cr.P.C. statement exculpatory as to petitioner - custody since 29.07.2025 - clean antecedent claimed - A.P.P. opposed - bail bond Rs. 10,000 with two sureties - court of 7th Addl. District Sessions Judge-cum-Special Judge (POCSO Act), Motihari - Patna High Court CR. MISC. No.70772 of 2025, decided 22-04-2026 (Prabhat Kumar Singh, J.).

What did the court decide?

Regular bail granted to the petitioner on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned 7th Additional District Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 333 of 2023. ¶22

Avinash Kumar @ Avinesh Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned under Sections 363 and 366(A) IPC in Kalyanpur P.S. Case No. 333 of 2023 for allegedly assisting co-accused Prakash Kumar in kidnapping the informant's daughter, is entitled to regular bail.

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Court's answer

Bail application allowed: considering the victim's statement recorded under Section 164 Cr.P.C. (which did not allege any wrong against the petitioner) and the period of custody, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned 7th Additional District Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 333 of 2023.

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Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.) allowed a regular bail application in Criminal Miscellaneous No.70772 of 2025 arising out of Kalyanpur P.S. Case No. 333 of 2023 (East Champaran), where the petitioner, Avinash Kumar @ Avinesh Kumar, was booked under Sections 363 and 366(A) IPC on the F.I.R. allegation that he assisted co-accused Prakash Kumar in kidnapping the informant's daughter. The Court granted bail having regard to the victim's statement under Section 164 Cr.P.C., which did not allege any wrong against the petitioner, and his custody since 29.07.2025 coupled with his claim of clean antecedent, notwithstanding the A.P.P.'s opposition. Release directed on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned 7th Additional District Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari. None appeared for opposite party no. 2 despite valid service of notice.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70772 of 2025

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Arising Out of PS. Case No.-333 Year-2023 Thana- KALYANPUR District- East Champaran

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======================================================

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Avinash Kumar @ Avinesh Kumar S/o Raghwendra Ram R/o Village- Medan Sirisiya, P.S.- Kalyanpur, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Mus. X W/o Late Y R/o Village- Shambhu Chak, Ward NHo. 10, P.S.Kalyanpur, Dist.- East Champaran

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Prateek Tandon, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 22-04-2026

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Despite valid service of notice, none appears on behalf of the opposite party no. 2.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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Petitioner seeks regular bail in connection with Kalyanpur P. S. Case No. 333 of 2023 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code.

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As per F.I.R., this petitioner assisted co-accused Prakash Kumar in kidnapping the daughter of informant.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Victim in

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Patna High Court CR. MISC. No.70772 of 2025(6) dt.22-04-2026 2/2

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her statement recorded under Section 164 Cr.P.C. has not alleged any wrong against the petitioner. Petitioner claims clean antecedent and is in custody since 29.07.2025.

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However, learned A.P.P. for the State vehemently opposed the bail application.

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Considering statement of the victim recorded under Section 164 Cr.P.C. and period of custody, this bail application is allowed. The petitioner, above named, is directed to 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 7^th Additional District Sessions Judgecum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Kalyanpur P. S. Case No. 333 of 2023.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Avinash Kumar @ Avinesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash Kumar @ Avinesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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