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Patna High Court

Md. ChhotuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Md. Chhotu, sought anticipatory bail fearing arrest in a kidnapping case (PS Balia Case No. 310 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. The prosecution alleged that the petitioner kidnapped a girl, while the petitioner claimed innocence, asserting that the girl had eloped with him. The victim’s statement indicated an elopement, leading the Court to consider the factual context. After hearing both sides, the Court held that the circumstances did not warrant denial of bail and granted anticipatory bail. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a kidnapping case under the Bharatiya Nyaya Sanhita and the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • elopement
  • Bharatiya Nyaya Sanhita
  • SC/ST Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71610 of 2025
                       Arising Out of PS. Case No.-310 Year-2024 Thana- BALIYA District- Begusarai
                 ======================================================
                 Md. Chhotu S/o- Md. Pachchu @ Md. Murtaza Village- Chhoti Balia
                 Mirsikhar Tola PS- Balia District-Begusarai

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Upendra Chaudhary S/o- Late Anandi Chaudhary Village- Chhoti Balia
                 Mirsikhar Tola, Nagar Parishad PS- Balia District-Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Parwej Khan
                 For the Opposite Party/s :        Ms. Usha Kumari 1
                                                   Mr. Raj Kumar
                                                   Ms. Asmita Bharti
                                                   Mr. Sarvottam Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-03-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the O.P.

                   No. 2.

                                2. The petitioner apprehends arrest in connection with

                   Balia @ Ballia P.S. Case No. 310 of 2024 registered for offences

                   under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Sections 3(1)(r)(s)(w), 3(2)(v) and 3(v) of the

                   SC/ST Act.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping the victim girl.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.71610 of 2025(3) dt.09-03-2026
                                                        2/2




                      petitioner is quite innocent and has not committed any offence.

                                   5. Learned APP for the State and the learned counsel

                      for the O.P. No. 2 have vehemently opposed the prayer for bail.

                                   6. Considered the submissions of the parties. From the

                      statement of the victim girl, it appears that she had eloped with

                      the petitioner. In view of the facts and circumstances of the case,

                      the application for anticipatory bail is allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Balia @ Ballia P.S. Case No. 310 of 2024 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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