Patna High Court
NIRAJ KUMAR @ NEERAJ KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the petitioner due to lack of substantive evidence and compliance with Section 480(3) of the B.N.S.S.
Summary
The petitioner, Niraj Kumar, was charged under Sections 137(2) and 87 of the B.N.S. for allegedly enticing the minor daughter of an informant, who later went missing and subsequently returned without accusing him. The petitioner contended that he was falsely implicated, highlighting a five‑day delay in filing the FIR and the absence of any statement against him by the minor. The prosecution offered no substantive material linking the petitioner to the alleged offence, and the petitioner had been in custody since 26‑07‑2025 with a charge sheet already filed. The court examined the lack of evidence, the delay in the FIR, and the petitioner’s antecedent case, and considered the statutory bail provisions. Relying on Section 480(3) of the B.N.S.S., the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to specific conditions. The bail order was pronounced by Justice Arun Kumar Jha.
Issues considered
- Whether bail should be granted in the absence of substantive material linking the petitioner to the alleged offences under Sections 137(2) and 87 of the B.N.S.
- Whether the delay in lodging the FIR and the minor’s non‑accusation affect the bail decision
- Application of Section 480(3) of the B.N.S.S. to the bail grant
Legislation cited
Subjects
- bail
- criminal procedure
- delay in FIR
- minor victim
- lack of evidence
- Section 480(3)
- B.N.S.
- Sections 137, 87
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6035 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Niraj Kumar @ Neeraj Kumar S/o- Raj Ballabh Ravidas R/v- Chhoti Nawada
PS- Khushrupur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Khushrupur P.S. Case No. 224 of 2025
registered for the alleged offences under Sections 137(2), 87 of
BNS.
03. As per prosecution case, the minor daughter of the
informant was enticed away by the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and no occurrence as alleged has ever taken place. The
daughter of the informant went missing on 20.06.2025 but FIR
was lodged on 25.06.2025 without any explanation for the
delay. The daughter of the informant has returned and her
Patna High Court CR. MISC. No.6035 of 2026(2) dt.04-02-2026
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statement was recorded by the police as well as before the court
but she did not allege anything against the petitioner. Learned
counsel further submits that there is no material to show the
complicity of the petitioner in the whole occurrence. The
petitioner is having antecedent of one case in which he is on
bail. The petitioner is in custody since 26.07.2025 and charge
sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
lack of substantive material against the petitioner to show his
involvement in the alleged occurrence and also considering the
period of custody of the petitioner and submission of charge
sheet, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, Ist Class, Patna City/concerned
Court in connection with Khushrupur P.S. Case No. 224 of
2025, subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
Patna High Court CR. MISC. No.6035 of 2026(2) dt.04-02-2026
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of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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