Patna High Court
Chhotu Kumar @ Shahil Kumar @ Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted in view of the petitioner’s clean record and the circumstances, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, a 19‑year‑old student, applied for anticipatory bail in a case (PS No. 502 of 2025) alleging offences under the Bharatiya Nagrik Suraksha Sanhita and the POCSO Act, where he is accused of molesting a minor and assaulting the informant’s wife. The prosecution alleges that the petitioner, along with three others, surrounded and molested the minor and later assaulted the informant’s wife. The petitioner contended that he was falsely implicated due to a rent dispute with the informant, has no criminal record, and was not present at the scene. The State and the informant opposed the bail. Considering the petitioner’s clean antecedent, the circumstances of the case, and the possibility of surrender within six weeks, the Court granted anticipatory bail subject to a Rs 10,000 bond and two sureties, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
- Whether the allegations against the petitioner justify denial of bail.
- Whether the petitioner’s claim of false implication and clean antecedent merit bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 351(3), 352, 482(2)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- POCSO
- false implication
- minor protection
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10336 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Chhotu Kumar @ Shahil Kumar @ Sahil Kumar S/o Satyendra Kumar @
Satyendra Mahto R/o Village- Nakhas Mangal Akhara, P.S- Malsalami, Dist-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o Late Sukdev Kumar R/o Village- Nakhas Mangal Akhara, P.S-
Malsalami, Dist- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
Ms. Nitu Kumari Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Malsalami P.S. Case No. 502 of 2025, instituted for the
offences under Sections 126(2), 115(2), 352, 351(3), 3(5) of the
B.N.S. and Section 8/12 of the POCSO Act.
3. As per the prosecution case, petitioner along with
three other co-accused persons are alleged to have surrounded
the minor daughter of informant and molested her when she was
going to market. When the informant gone to complain this
matter to his house his cousin sister Munni Kumari and other
co-accused persons assaulted her and also threatened to kill her.
Patna High Court CR. MISC. No.10336 of 2026(3) dt.06-05-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case only on the basis of suspicion. Allegation is general and
omnibus against four accused persons. It is submitted that
informant was renter in the house of petitioner and due to non-
payment of arrears of rent, informant's side were evicted from
the said house and due to inimical term with the petitioner's
side, false case has been lodged against the petitioner. Petitioner
is a student aged about 19 year having no criminal antecedent.
Petitioner was not present on the place of occurrence. Petitioner
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District & Additional Sessions
Judge VII cum Exclusive Special Judge, POCSO, Patna in
connection with Malsalami P.S. Case No. 502 of 2025, subject
Patna High Court CR. MISC. No.10336 of 2026(3) dt.06-05-2026
3/3
to the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.