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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
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          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
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          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
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                      automatically.

                                   11. Accordingly, the present bail application stands

                      disposed of.


                                                           (Purnendu Singh, J)

Niraj/-
U       T


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