Patna High Court
Chintu Kumar @ Vishwas Kumar @ ChintuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the petitioner’s clean record, the absence of a sexual assault allegation, and the possibility of the case being a counter‑blast, anticipatory bail could be granted subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
Petitioner Chintu Kumar sought anticipatory bail in a criminal case (Town P.S. No. 153 of 2025) alleging abduction of a minor under several sections of the Bharatiya Nagrik Suraksha Sanhita and the POCSO Act. The prosecution claimed he abducted the informant’s daughter, while the petitioner asserted innocence, alleging the case was a counter‑blast and that there was no sexual assault charge against him. He highlighted his clean criminal record and noted that co‑accused had been granted bail. The State opposed the bail. Considering the facts, the petitioner's clean antecedent, and the possibility of false implication, the Court granted anticipatory bail, subject to surrender within six weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged abduction and offences under the Bharatiya Nagrik Suraksha Sanhita and the POCSO Act.
- Whether the petitioner's clean antecedent and claim of false implication justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 109, 127(2), 3(5), 351(2), 352, 482(2), 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
Subjects
- anticipatory bail
- POCSO Act
- abduction
- false implication
- clean antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19772 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Chintu Kumar @ Vishwas Kumar @ Chintu Son of Gopal Ram Resident of
Village- Ram Chowk, Ward No. 7, P.S.- Town, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Chote Chaudhary Resident of Village- Ram Chowk, Panchanath
Gali, P.S.- Town, District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 24-06-2026 In spite of service of notice and sufficient opportunity,
no one is present on behalf of O.P. No. 2.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. The petitioner apprehends his arrest in connection
with Town P.S. Case No. 153 of 2025, instituted under Sections
127(2), 76, 109, 351(2), 352, 3(5) of the B.N.S. and Section 8, 12
of the POCSO Act.
4. As per the prosecution case, minor daughter of the
informant was abducted by the petitioner along with F.I.R. named
accused persons when she had gone to toilet.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this case.
Town P.S. Case No. 156 of 2025 has been lodged against the
Patna High Court CR. MISC. No.19772 of 2026(4) dt.24-06-2026
2/2
informant and others and this case is lodged as counter blast. There is
no allegation of any sexual assault against the petitioner. The
petitioner and daughter of informant like to each other and used to
meet due to which this case has been lodged by the informant.
Similarly situated one co-accused has been granted regular bail and
two have been granted anticipatory bail by the Court concerned.
Petitioner has no criminal antecedent. He undertakes to co-operate in
the investigation and trial.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
7. Considering the facts and circumstances of the case,
submission of learned counsel for the parties and clean antecedent
of the petitioner, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge (POCSO Act),
Darbhanga/Concerned Court in connection with Town P.S. Case
No. 153 of 2025, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J.)
rakhi/-
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