IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5009 of 2026 Arising Out of PS. Case No.-171 Year-2023 Thana- PHENHARA District- East Champaran ====================================================== Shyambabu Das @ Bhikhar Das @ Bikhari Das S/O Late Mahesh Das R/O Village- Fenhara/Phenhara, P.S- Fenhara/Phenhara, Dist.- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. XX S/O Late Sheikh Sannaullah Resident of Village- Fenhara/Phenhara, P.S- Fenhara/Phenhara, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s : Mr.Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 23-04-2026 Heard the parties. 2. This is the second attempt of the petitioner for grant of regular bail in connection Phenhara P.S. Case No. 171 of 2023 registered for the offence under Sections 363, 366(A) of Indian Penal Code and Section 8 of POCSO Act. Earlier the bail application of the petitioner was rejected vide order dated 06.08.2025 passed in Cr. Misc. No. 23382 of 2025. 3. As per the prosecution case, he accused persons named in the FIR kidnapped the minor daughter of the informant by forcibly putting her in a vehicle. Petitioner is in custody since 08.12.2023 and has no criminal antecedent. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Learned counsel further submits that though the petitioner is in custody for Patna High Court CR. MISC. No.5009 of 2026(4) dt.23-04-2026 2/2 more than two years but the trial has not yet concluded and out of five only two witnesses have been examined. 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 period of custody of the petitioner and the delay in trial, 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 7th District and Addl. Sessions Judge -cum- Special Judge, POCSO Act, Motihari, East Champaran /concerned Court below in connection with Phenhara P.S. Case No. 171 of 2023 subject to the following condition:- (i) the petitioner after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the Trial Court on each and every date fixed by the trial Court. Non- compliance of the condition will result in cancellation of the bail bonds of the petitioner. tusharika/- (Sandeep Kumar, J) U T