Created by Fuzzy Cloud

Patna High Court

CHANDAN KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.