Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail should be granted to the petitioner.
Summary
Chhotu Kumar, a 19-year-old student, was arrested in connection with a missing‑person FIR concerning a 16‑year‑old sister‑in‑law. The alleged victim later returned and, under section 183 of the Bhartiya Nyaya Sanhita, stated she was 17 years old and did not implicate the petitioner. The petitioner claimed false implication and had been in custody since 26‑11‑2025. He applied for regular bail under section 96 of the Bhartiya Nyaya Sanhita, 2023. Considering the victim’s statement, lack of criminal antecedent, and the length of custody, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under section 96 of the Bhartiya Nyaya Sanhita, 2023 in view of the victim’s statement and the circumstances of the case.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 183, 96
Subjects
- regular bail
- section 96
- section 183
- Bhartiya Nyaya Sanhita
- false implication
- victim statement
- custody
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17013 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- NARHATT District- Nawada
======================================================
Chhotu Kumar S/O Arjun Manjhi @ Arjun Mushar @ Arjun Manjhi R/O Vill
- Mandih, P.S - Rajauli, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
Mr. Kumud Kishore, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Narhat P.S. Case no.384
of 2025 registered under section 96 of the Bhartiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that her 16 year old sister-in-law (nanad) who had gone out did
not return. She was not to be found inspite search and as such
the instant FIR.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation. The sister-in-law (nanad) of the informant
returned and her statement was recorded under section 183
Patna High Court CR. MISC. No.17013 of 2026(4) dt.06-05-2026
2/2
BNSS wherein she has stated her age to be 17 years and she has
not supported the prosecution case against the petitioner. The
petitioner is a 19 year old student having no criminal antecedent
and is in custody since 26.11.2025.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation against the
petitioner, the contents of statement of the victim recorded under
section 183 BNSS and the petitioner having remained in
custody since 26.11.2025, the petitioner is directed to be
enlarged on bail in connection with Narhat P.S. Case no.384 of
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class,
Nawada.
(Partha Sarthy, J)
Shiv/-
U T
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