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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted as the victim’s statement under Section 183 BNSS corroborated the FIR and the seriousness of the offences warranted continued custody.

Summary

The petitioner, Chhotu Kumar, was arrested in connection with a case alleging that he enticed an informant and subsequently forced a physical relationship with her, invoking offences under the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. He applied for bail, claiming innocence, a false prosecution motivated by local political enmity, and highlighting a two‑day delay in filing the FIR. The State opposed bail, relying on the victim’s statement recorded under Section 183 of the BNSS, which it said corroborated the FIR. The court examined the seriousness of the charges, the victim’s corroborative statement, and the precedent of bail denial in a similar case. Considering these factors, the court concluded that the petitioner should remain in custody. Consequently, the bail application was rejected.

Issues considered

  • Whether bail should be granted to the accused given the nature of the offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
  • Whether the delay in lodging the FIR and the claim of false implication are sufficient grounds to justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • sexual offences
  • victim statement
  • delay in FIR
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.13 of 2026
                       Arising Out of PS. Case No.-264 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Chhotu Kumar Son of Suresh Paswan R/o Village - Laxamipur, P.S. -
                 Bariyarpur(Sakaru), Dist. - Muzaffapur.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Mrs. X D/o Md. Isha R/o Village - Beruadih, P.S. - Bariyarpur, Dist. -
                 Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sabal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2. The petitioner seeks bail in connection with Mahua P.S.

                   Case No. 264 of 2025 instituted for the offences under Sections

                   137(2), 87, 64, 351, 3(5) of the Bharatiya Nyaya Sanhita, 2023

                   and Section 4/6 of the POCSO Act.

                           3. Allegation against the accused persons is of enticing

                   away the informant and thereafter establishing physical

                   relationship with her forcefully.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner is an innocent and has falsely been implicated in the

                   present case due to previous enmity and local party politics.
Patna High Court CR. MISC. No.13 of 2026(3) dt.11-03-2026
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          Learned counsel further submitted that there is a delay of two

          days in lodging the FIR without any plausible explanation,

          which in itself, raises doubt over the prosecution story. Learned

          counsel further submitted that the entire prosecution case is

          false and concocted. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 05.03.2025 and

          has one criminal antecedent.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. Learned APP further

          submitted that victim in her statement recorded under Section

          183 of the BNSS has corroborated the contents of the FIR, and

          therefore, the petitioner does not deserve to be released on bail.

          Learned APP further submitted that police, after completion of

          investigation, submitted charge-sheet under Sections 126(7), 96,

          70(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section

          6 of the POCSO Act against the petitioner. Bail of other

          similarly situated co-accused has been rejected by this Court

          vide order dated 20.02.2026, passed in Cr. Misc. No. 53962 of

          2025.

                  6. Considering the aforesaid facts and circumstances of

          the case as also Section 183 BNSS statement of the victim, this

          Court is not inclined to grant bail to the petitioner at this stage.
           Patna High Court CR. MISC. No.13 of 2026(3) dt.11-03-2026
                                                       3/3




                             7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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