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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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