Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 126(7), 137(2), 183, 3(5), 351, 351(2), 64, 70(2), 87, 96
- Protection of Children from Sexual Offences Act — s. 4, 6
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
2/3
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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