Patna High Court
Chandul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to regular bail in the present case.
Summary
The petitioner, Chandul Kumar, was arrested in connection with a case registered under Sections 137(2) and 96 of the BNS for allegedly enticing the minor daughter of an informant. The victim’s statement under Section 183 of the BNSS indicated that she merely served tea to the petitioner and made no allegation of any physical act or wrongdoing. The petitioner’s counsel argued that he was falsely implicated and had been in custody for over six months. The State opposed bail. Considering the lack of substantive allegation in the victim’s statement and the prolonged custody, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties of the same amount, subject to cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under Sections 137(2) and 96 of the BNS
- Whether the victim’s statement under Section 183 of the BNSS suffices to deny bail
Legislation cited
Subjects
- regular bail
- Section 137
- Section 96
- Section 183
- BNS
- BNSS
- minor
- enticing
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68794 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Chandul Kumar S/o Late Shiv Jatan Mahto R/o Village- Begampur, Bind Toli,
P.S.- K. Nagar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bidhu Ranjan
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 04-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with K. Nagar P.S. Case No. 133 of 2025,
registered for the offences punishable under Section 137(2)/96
of the BNS.
3. As per allegation, the petitioner enticed away the
minor daughter of the informant.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. From bare perusal of the statement of the victim
under Section 183 of BNSS, it is clear that the petitioner was
known to her. In her statement, the victim did not allege
Patna High Court CR. MISC. No.68794 of 2025(6) dt.04-02-2026
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commission of any kind of physical act. She has stated that she
served tea to the petitioner and the petitioner gave her cold
drink. She did not make any allegation or any kind of misdeed
against the petitioner. The petitioner is under custody for more
than six months.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Purnea in connection with K. Nagar P.S.
Case No. 133 of 2025, subject to the condition that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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