Vishwakarma Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17702 of 2026 Arising Out of PS. Case No.-67 Year-2025 Thana- FESHAR District- Aurangabad ====================================================== Vishwakarma Paswan Son of Late Mahavir Paswan R/o Village - Khaira Salem, P.S. - Phesar, Dist. - Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anshu Kumar Son of Late Madan Paswan R/o Village - Khaira Salem, P.S. - Phesar, Dist. - Aurangabad(Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 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 96 of B.N.S.

3. The case of the prosecution, in short, is that the petitioner has kidnapped the minor sister of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that during course of investigation, the victim has given her statement of the B.N.S.S. wherein she has stated that she has

Patna High Court CR. MISC. No.17702 of 2026(3) dt.07-05-2026 2/2 gone with the petitioner and remain with him for 5-6 days. When she was purchasing something, at the time of returning her brother arrived and apprehended her. It has further been submitted that from perusal of the para '43' of the case diary, it will transpire that the victim has denied her medical examination. She has not alleged any kind of assault or sexual assault. She has gone herself with the petitioner. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 19.06.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Aurangabad in connection with Phesar P.S. Case No. 67 of 2025. (Ashok Kumar Pandey, J) lata/- U T