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Patna High Court

Chandul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 137(2), 96
  • BNSS — s. 183

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
                                                       2/2




                     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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