Ganesh Kumar Sah @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70230 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Ganesh Kumar Sah @ Ganesh Kumar S/O Brij Bihari Sah R/O VillageSaghari, P.S- Aurai, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Triveni Ram S/O Late Pragash Ram R/O Village- Saghari, P.S- Aurai, Dist.- Muzaffarpur.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case initially registered for the offence punishable under Section-137(2)/96 of B.N.S. and later on, Sections-65(1), 109, 3/5 of BNS & 4 of POCSO Act as well as Section-3(2)(v) of SC/ST (Prevention of Atrocities) Act was also added. of the Indian Penal Code and Section-8/12 of POCSO Act.

3. It is alleged that the petitioner alongwith one Pintu Sharma kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted that as a matter of fact, the victim had love and affection with the co-accused Mantoo Sharma, who had

Patna High Court CR. MISC. No.70230 of 2025(3) dt.05-01-2026 2/2 taken the car of the petitioner on fare and in course of moving by that car, the villagers saw the car who disclosed the name of the petitioner. Hence, the petitioner has been made escape goat for hiring his car to the co-accused. The petitioner is a person of clean antecedent and he is behind bar since 27-07-2025.

5. Learned APP has opposed the prayer for bail.

6. The statement of the victim recorded under Section 183 of the BNSS shows that she did not level any allegation against the petitioner. Whatever the allegation is, the same has been levelled against the co-accused Mantoo Sharma.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Exclusive Special Court, POCSO-III, Muzaffarpur in connection with Aurai P.S. Case No. 166 of 2025 subject to the condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T