Patna High Court
CHANDAN KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Chandan Kumar was arrested in connection with a case registered under Sections 74, 76, 352, 351(2) & 351(3) of the Bihar Narcotic and Psychotropic Substances Act, Section 8 of the POCSO Act and Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly touching the minor daughter of an informant inappropriately. The petitioner contended that the allegation was false, that there was a dispute between the parties, and that he had no prior criminal record, having been in judicial custody since 4 May 2026. The prosecution relied on the victim’s statement recorded under Section 183 of the BNSS, asserting the occurrence of the offence. The Court examined the seriousness of the charges, the victim’s statement, the petitioner’s lack of antecedents and the circumstances of the case. Considering these factors, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The bail order was issued by the Hon’ble Justice Ashok Kumar Pandey.
Issues considered
- Whether bail can be granted to the accused in a case involving alleged sexual assault of a minor under the POCSO Act and other statutes.
- Whether the victim’s statement under Section 183 of the BNSS suffices to deny bail.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 351(2), 351(3), 352, 74, 76
- Bihar Narcotic and Psychotropic Substances Act (BNSS) — s. 183
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r)(s)
Subjects
- bail
- sexual assault
- minor
- POCSO Act
- SC/ST (POA) Act
- criminal procedure
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41190 of 2026
Arising Out of PS. Case No.-165 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Chandan Kumar Son of Vijay Saw @ Vijay Sao Resident of Village - Mahdar
@ Mahuar, Police Station - Kowakole in the district of Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX Wife of YY Resident of Village - Mahdar @ Mahuar, Police Station -
Kowakole in the district of Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kowakole P.S. Case No.165 of 2026 registered for the
offence punishable under Sections 74, 76, 352, 351(2) & 351(3)
of the BNS and under Section 8 of the POCSO Act and under
Section 3(i)(r)(s) of the SC/ST (POA) Act.
3. The case of the prosecution, in short, is that the
petitioner has touched inappropriately the minor daughter of the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that no such occurrence has taken
place. Actually there is dispute between the parties, i.e. why the
Patna High Court CR. MISC. No.41190 of 2026(2) dt.29-06-2026
2/2
petitioner has been framed. It has further been submitted that
from perusal of the order of the learned trial court it will
transpire that the victim has given her statement under Section
183 of the BNSS wherein she has stated that the petitioner took
her in a lane and touched her inappropriately. It has further been
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 04.05.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
District and Additional Sessions Judge-cum-Special Judge,
POCSO Act, Nawada in connection with Kowakole P.S. Case
No.165 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.