Patna High Court
Chandan GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding that the prosecution's case lacked sufficient evidentiary support.
Summary
The petitioner, Chandan Gupta, was arrested in connection with a raid on an orchestra house where three girls were found, and charged under multiple statutes including the BNSS, POCSO Act, JJ Act, I.T.P. Act, and the Bonded Labourer System Act. He applied for bail, claiming innocence and stating that the victims' statements under Section 183 of the BNSS did not support the prosecution. The informant’s counsel, while opposing bail, also acknowledged the lack of victim support. The court examined the absence of any diary entry indicating an indecent act and the victims' non‑cooperation, finding insufficient grounds to keep the petitioner in custody. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to his cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 143(1), 145, 98, 3(5) of the BNSS, Section 8 of the POCSO Act, Sections 75 & 76 of the JJ Act, Sections 3‑6 of the I.T.P. Act, and Sections 16‑18 of the Bonded Labourer System (Ambulation) Act.
- Whether the lack of victim support under Section 183 of the BNSS warrants bail.
Legislation cited
Subjects
- bail
- criminal procedure
- POCSO
- child protection
- BNSS
- bonded labour
- evidence
- victim statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67749 of 2025
Arising Out of PS. Case No.-256 Year-2025 Thana- EKMA District- Saran
======================================================
Chandan Gupta S/O Umesh Gupta R/O Village- Mayadaura Guthni, P.S-
Guthni, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Taj Ahamad Khan Station House Officer, Ekma, Police Station, Saran at
Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmod Ban Bihari Singh
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-143(1), 145, 98, 3(5) of B.N.S., 8
of POCSO Act, 75 & 76 of J.J. Act, 3, 4, 5 & 6 of I.T.P. Act, 1956 as
well as u/S 16, 17 & 18 of Bonded Labourer System (Ambulation)
Act, 1976.
3. It is alleged that on the order of Senior Official, the
informant alongwith police personnel raided the tenanted house of
orchestra musical group and three girls were recovered from there.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and he has falsely been implicated in this
case. He runs an orchestra for his earning as well as entertainment of
Patna High Court CR. MISC. No.67749 of 2025(4) dt.03-02-2026
2/2
the persons of the locality. There is nothing in the case diary showing
the indecent act being committed with the victims. The victims did
not support the prosecution case in their statements recorded under
Section 183 of the B.N.S.S. The petitioner is under custody since 27-
07-2025.
5. On the other hand, learned counsel for the informant
though opposed the prayer for bail but fairly conceded that the
victims, in their statements recorded under Section-183 of the BNSS,
have not supported the prosecution case.
6. Considering the aforesaid facts and circumstances, let
the petitioner named above, be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-
cum-Exclusive Special Judge, (POCSO), Saran at Chapra in
connection with Ekma P.S. Case No. 256 of 2025 with condition that
the petitioner shall cooperate with the trial of the case and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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