Patna High Court
Bullet PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Bullet Patel was arrested in connection with FIR No.436 of 2025 alleging offences under Sections 137(2), 140(3), 96 of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act, relating to the alleged disappearance of a girl and theft of money and Aadhaar card. The petitioner pleaded that the allegations were false, he had a clean antecedent and the victim’s statement under Section 183 did not support the prosecution. The State, represented by the Additional Public Prosecutor, opposed bail. The High Court considered the nature of the offences, the petitioner’s claim of innocence and the need to ensure trial cooperation. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence and verification of antecedents. The order also empowered the trial court to cancel bail if conditions were breached.
Issues considered
- Whether bail should be granted to a person accused of offences under the Bihar Narcotic Substances Act, 2023 and the POCSO Act, 2012.
- Whether the petitioner’s clean antecedent and the victim’s statement under Section 183 justify bail.
Legislation cited
Subjects
- bail
- POCSO Act
- Bihar Narcotic Substances Act
- criminal procedure
- Section 137
- Section 140
- Section 96
- Section 8
- Section 183
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1986 of 2026
Arising Out of PS. Case No.-436 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Bullet Patel son of Janak Raut @ Janak Patel R/o Village- Nawkatola Parsa
Senuariya PS- Majhauliya Distt -West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subhawati Devi Wife of Sri Bindeshwari Ram Resident of Village - Laiya
Tola Shekhwana Math, Ward no. 45, Ps- Muffasil, Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
For the Informant : Mr. Bimlesh Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr.Rakesh Kumar, learned counsel for the
petitioner, Mr. Bimlesh Kumar Pandey, learned counsel for the
informant and Mr.Mohammad Sufyan, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
20.10.2025 in connection with Bettiah Muffasil P.S. Case No.
436 of 2025, F.I.R. dated 07.08.2025 registered for the offence
punishable under Sections 137(2),140(3),96 of BNS, 2023 and
Section 8 of the POCSO Act.
3. The case of the prosecution through the informant
as stated in the brief is that on 05.08.2025, at about 09:30 in the
day, her daughter left home for school after having dinner. But
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when she did not return home till late evening from Sheikhwana
Math, she enquired from the neighbours but could not find her.
So she started searching for the Aadhar card kept in her house
and she had kept Rs. 100000/ (one lakh) kept in the house. She
did neither find that money nor her the Aadhar card. One month
ago, her daughter was talking to a boy. then her son told her that
Didi is talking to a boy so she enquired from her daughter and
asked where is the mobile, then her daughter gave her a small
mobile in which Airtel company's SIM is already installed,
whose number 9709695974. Her daughter is wearing a red dress
and has taken her papers and one lakh rupees (kept in the house)
with her.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner was in love with the victim and the victim was
recovered and her statement was recorded under Section 183 of
BNSS, 2023 in which she has not supported the case of the
prosecution. The police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 20.10.2025.
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5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, POCSO-cum-
D.A.S.J.-VI, West Champaran, Bettiah in connection with
Bettiah Muffasil P.S. Case No. 436 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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