Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The Court held that petitioner 2 had made out a prima facie case for pre‑arrest bail and therefore granted the bail.
Summary
The petitioners Chandan Kumar and Bhola Sahani were implicated in a case (PS Muffasil Lakhaura Case No. 486 of 2023) involving alleged attempts to commit sexual offences against a minor, with charges under several IPC sections, the SC/ST Act and the POCSO Act. Petitioners sought bail; petitioner 1 wished to withdraw his bail application and surrender for regular bail, while petitioner 2 applied for pre‑arrest bail claiming innocence and a clean antecedent. The counsel highlighted that a co‑accused, Ranjit Kumar, had been granted pre‑arrest bail in a similar case, arguing that petitioner 2 was similarly situated. The State opposed the bail, citing the serious nature of the allegations. The Court, after considering the submissions and noting the prima facie case and clean record of petitioner 2, granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNSS. The order also directed the District Court to verify any other pending cases against petitioner 2, and the bail application was disposed of.
Issues considered
- Whether petitioner 2 is entitled to pre‑arrest bail despite serious charges under the IPC, SC/ST Act and POCSO Act
- Whether the precedent of bail granted to a similarly situated co‑accused (Ranjit Kumar) is applicable
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 323, 341, 342, 354, 354B, 376, 541/34
- Protection of Children from Sexual Offences Act — s. 8
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r)(s)
Subjects
- pre‑arrest bail
- IPC offences
- SC/ST Act
- POCSO Act
- minor victim
- clean antecedent
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3637 of 2026
Arising Out of PS. Case No.-486 Year-2023 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Chandan Kumar, S/o Bhushan Sahani @ Bhushan Sahni
2. Bhola Sahani, S/o Darshan Sahani, Both are village - Jhitkahiya, P.S.-
Lakhaura, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kariman Ram S/o Late Ram Lal Ram R/o vill - Jhitkahiya, P.s.- Lakhaura,
Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Advocate
For the Opposite Party/s : Mrs. Usha Kumari 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 11-05-2026 Heard Mr. Kundan Rathore @ Kundan Kumar,
learned counsel appearing on behalf of the petitioner and Mrs.
Usha Kumari 1, learned APP for the State.
2. At the outset, learned counsel appearing on behalf
of the petitioner seeks to withdraw the present bail application
on behalf of petitioner no. 1 with a liberty to the petitioner no. 1
to surrender before the learned District Court and seek regular
bail.
3. Considering the aforesaid submission made on
behalf of the petitioner no. 1, the petitioner no. 1, if so advised,
may surrender before the learned District Court and seek regular
bail. In that case, the learned District Court may consider to
disposed of the bail application of the petitioner no. 1 on the
Patna High Court CR. MISC. No.3637 of 2026(5) dt.11-05-2026
2/4
same day on the basis of material which has come in course of
investigation.
4. The petitioner no. 2 seeks pre-arrest bail in
connection with Muffasil (Lakhaura) P.S. Case No. 486 of 2023
registered for the offence punishable under Sections 341, 323,
342, 354, 354B, 376, 541/34 of the Indian Penal Code, Sections
3(i)(r)(s) of the SC/ST Act and Section 8 of the POCSO Act.
5. As per the allegation made in the FIR, petitioners
along with other accused person, had allegedly tried to commit
wrong with the minor daughter of the informant.
6. Learned counsel appearing on behalf of the
petitioners submitted that petitioner no. 2 is innocent and he has
falsely been implicated in the present case. General and
omnibus allegation has been levelled against petitioner no. 2.
Other similarly situated co-accused person, namely, Ranjit
Kumar has been granted pre-arrest bail by a co-ordinate Bench
of this Court vide order dated 23.10.2024 passed in Cr. Misc.
No. 74057 of 2024. Petitioner has clean antecedent. On these
grounds, petitioner no. 2 seeks to be released on pre-arrest bail.
7. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
8. Having heard the rival submissions made on behalf
Patna High Court CR. MISC. No.3637 of 2026(5) dt.11-05-2026
3/4
of the parties, as well as, the fact that general and omnibus
allegation has been levelled against petitioner no. 2 in the FIR.
Other similarly situated co-accused person, namely, Ranjit
Kumar has been granted pre-arrest bail by a co-ordinate Bench
of this Court vide order dated 23.10.2024 passed in Cr. Misc.
No. 74057 of 2024. Petitioner no. 2 has clean antecedent, I am
of the opinion that petitioner no. 2 has, prima facie, made out a
case to be released on pre-arrest bail.
9. The petitioner no. 2, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Muffasil (Lakhaura) P.S.
Case No. 486 of 2023, subject to the condition as laid down
under Section 482(2) of the BNSS.
10. The learned District Court is directed to verify
the criminal antecedent of the petitioner no. 2 as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner no. 2 as what has been stated
in paragraph no. 3, this order will lose its force
Patna High Court CR. MISC. No.3637 of 2026(5) dt.11-05-2026
4/4
automatically.
11. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
Checking your session…