Patna High Court
Neeraj Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted subject to conditions prescribed under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
Summary
The petitioner, Neeraj Kumar, was implicated in a FIR (PS Case No. 67 of 2025) for offences under Sections 96, 126(2), 115(2), 74, 303 and 351 read with Section 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that he had enticed away the minor daughter of an informant and that the informant and his daughter were assaulted when the informant tried to inquire. The petitioner contended that the victim’s statement recorded under Section 183 of the same Act showed she left home of her own volition and made no adverse allegation against him, and that the FIR was lodged seven days after the incident without satisfactory explanation. The learned counsel highlighted the petitioner’s clean antecedent and young age. Considering the victim’s statement, the delay in filing the FIR and the possibility of a false accusation, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2).
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged in the FIR
- Whether the delay in registration of the FIR and the victim’s statement under Section 183 create a reasonable doubt warranting bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115, 126, 183, 3, 303, 351, 482, 74, 96
Subjects
- bail
- false accusation
- FIR delay
- minor
- victim statement
- Section 183
- Section 482
- criminal procedure
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28444 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- KHODAWANDPUR District- Begusarai
======================================================
Neeraj Kumar @ Niraj Kumar son of Shailendra Kumar @ Shulendra Ram,
Resident of Ward No 03, Village -Khodawandpur, PS- Khodawandpur, Distt
-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Khodawandpur P.S.
Case No. 67 of 2025, dated 18.07.2025, registered for the
offences punishable under Sections 96, 126(2), 115(2), 74, 303
and 351 read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioner enticed away
the minor daughter of the informant. When the informant went
to enquire from the family members of the petitioner, she and
her daughter were assaulted.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The victim girl has been recovered and her statement was
Patna High Court CR. MISC. No.28444 of 2026(2) dt.05-05-2026
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recorded under Section 183 of the B.N.S.S., 2023, wherein she
did not state anything adverse against this petitioner, though she
has stated that she left her house on her own will due to dispute
with her mother. Learned counsel further submits that FIR in
this case has been registered after delay of seven days without
any satisfactory explanation. There is no material on record to
show complicity of the petitioner in the whole occurrence.
Learned counsel lastly submits that petitioner has got clean
antecedent and is aged about twenty years.
5. Learned APP opposes the submissions made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
statement of the victim recorded under Section 183 of the
B.N.S.S., 2023, and further considering the possibility of false
accusation, let the petitioner, above-named, in the event of his
arrest or surrender before the Court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Manjhaul, in connection
with Khodawandpur P.S. Case No. 67 of 2025, subject to the
Patna High Court CR. MISC. No.28444 of 2026(2) dt.05-05-2026
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conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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