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Patna High Court

Bullet PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.1986 of 2026(3) dt.18-04-2026
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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.
Patna High Court CR. MISC. No.1986 of 2026(3) dt.18-04-2026
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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
               Patna High Court CR. MISC. No.1986 of 2026(3) dt.18-04-2026
                                                           4/4




                         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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