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Patna High Court

Nagesh Bhuia @ Nagesh BhuiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered that both petitioners be released on regular bail.

Summary

The petitioners, Nagesh Bhuia and Niyoti Devi, were arrested under several provisions of the Bhartiya Nyaya Sanhita, 2023, for allegedly taking three minor children away for an oblique purpose. The children, aged 12, 8 and 7, were recovered and the petitioners were taken into custody on 23 January 2026. The petitioners contended that the children were with them with parental consent for a trip, supporting their claim with an affidavit and the children's statements recorded under section 183, which did not corroborate the prosecution's version. The court noted the lack of criminal antecedent, the prolonged pre‑trial detention, the charge‑sheet already filed, and the children's statements, and therefore granted regular bail to both petitioners upon furnishing a bail bond of Rs.10,000 with two sureties. The order directed the Additional Chief Judicial Magistrate‑II, Bagaha, to release the petitioners on bail.

Issues considered

  • Whether the petitioners are entitled to regular bail despite charges under sections 143(3), 143(5), 144, 145, 61(2) and 3(5) of the BNSS.
  • Whether the statements of the minor children recorded under section 183 of the BNSS undermine the prosecution's case.
  • Whether the length of pre‑trial custody and absence of prior criminal record justify granting bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • child abduction
  • false implication
  • Bhartiya Nyaya Sanhita
  • pre‑trial detention
  • section 183 statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17835 of 2026
                  Arising Out of PS. Case No.-5 Year-2026 Thana- NAURANGIA District- West Champaran
                 ======================================================
           1.     Nagesh Bhuia @ Nagesh Bhuiya S/O Binod Bhuia R/O Village -
                  Kamardanga, Police Station- Andal, District- West Vardhman, West Bengal
           2.    Niyoti Devi W/O Binod Bhuia R/O Village - Kamardanga, Police Station-
                 Andal, District- West Vardhman, West Bengal

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Mishra, Advocate
                                                 Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :      Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   08-07-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Naurangiya P.S. Case

                   no.5 of 2026 registered under sections 143(3), 143(5), 144, 145,

                   61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that on receiving information that the accused persons are taking

                   away three minor children for oblique purpose, he reached the

                   place of occurrence and both the accused who are the petitioners

                   herein were taken into custody. The three children aged about 12

                   year, 8 year and 7 year were recovered from their possession

                   and the accused were taken into custody.
Patna High Court CR. MISC. No.17835 of 2026(5) dt.08-07-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case. The

          children were with the petitioners with the consent of their

          parents and were going out on a trip. The facts are supported

          from the contents of the affidavit brought on record as Annexure

          to the instant application. Further, the statement of the children

          were recorded under section 183 of the BNSS wherein they

          have not supported the prosecution case as made out in the FIR.

          The petitioners have no criminal antecedent and are in custody

          since 23.1.2026. Charge-sheet has been submitted in the case.

                       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 and especially the

          contents of the statement of the three children recorded under

          section 183 of the B.N.S.S together with the petitioners having

          remained in custody since 23.1.2026, chargesheet having been

          submitted in the case and neither of them having any criminal

          antecedent, both the petitioners are directed to be enlarged on

          bail in connection with Naurangiya P.S. Case no.5 of 2026 on

          each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
             Patna High Court CR. MISC. No.17835 of 2026(5) dt.08-07-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Additional Chief Judicial Magistrate-

                       II, Bagaha, West Champaran.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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