Patna High Court
Madhurendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to a bond of Rs.25,000, two sureties, and compliance with Section 482(2).
Summary
The petitioner, a B.Sc. Nursing student, applied for anticipatory bail fearing arrest in a case (PS No.135/2025) involving multiple offences under the Bihar Narcotic Substances Act, 2023, the POCSO Act and the Bihar Prohibition and Excise Act. The allegations stem from a neighbour dispute where the petitioner was accused of abusing a girl and his intoxicated father was arrested for assault. The petitioner contended that the complaint was false, motivated by the neighbour conflict, and that his detention would jeopardise his education and expose him to hardened criminals. The State opposed the bail. Considering the petitioner’s student status, lack of prior criminal record, and the circumstances of the dispute, the court granted anticipatory bail on condition of a Rs.25,000 bond with two sureties and compliance with Section 482(2) of the relevant statute.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner is likely to flee, tamper with evidence, or influence witnesses.
- Whether the petitioner’s claim of false implication and his status as a student warrant bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 127(2), 3(5), 351(2), 351(3), 352, 74, 75, 78
- Code of Criminal Procedure — s. 482(2)
- Protection of Children from Sexual Offences Act (POCSO) — s. 12
Subjects
- anticipatory bail
- false implication
- neighbor dispute
- student
- bail conditions
- Section 126
- Section 127
- Section 115
- Section 74
- Section 75
- Section 78
- Section 351
- Section 352
- POCSO Act
- Prohibition and Excise Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71957 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- BATHNAHA District- Sitamarhi
======================================================
Madhurendra Kumar Son of Virendra Paswan Resident of Village- Tandaspur,
P.S.- Bathnaha, Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi Wife of Sikandra Sah@Sikindra Sah Resident of Village-
Tandaspur, Ward no. 3, P.S.- Bathnaha, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 126(2), 127(2),
115(2), 74, 75, 78, 351(2), 351(3), 352 and 3(5) of B.N.S., 2023,
Section 12 of the POCSO Act as well as under Section 37(b)
and 37(c) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 19.03.2025 at 08:00 p.m., her daughter was standing in
her courtyard when petitioner, who was standing on his roof,
was abusing and was sending inappropriate signal to her
Patna High Court CR. MISC. No.71957 of 2025(3) dt.07-01-2026
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daughter on which her daughter objected when petitioner and
his family members came and started assaulting her son with
stick causing injury on leg. Accordingly, police was informed
and father of the petitioner was apprehended in an intoxicated
condition.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner and informant are
neighbours and a dispute had arisen in between the informant
and the father of the petitioner on account of which an
altercation took place in which both sides assaulted each other
but since father of the petitioner was in an intoxicated condition,
as such, he was taken in custody. It is further submitted that
petitioner is a student of B.Sc. Nursing Course in Patna, as has
been pleaded at para-7 of the anticipatory bail application. It is
also submitted that in the nature of allegation, if the petitioner is
sent to judicial custody, his entire career would get jeopardized
and chances are bright that he may come in contact with the
hardened criminals.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.71957 of 2025(3) dt.07-01-2026
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counsel for the petitioner and taking into consideration the fact
that petitioner is a student, let petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/Successor Court in connection with Bathnaha P.S.
Case No.135 of 2025, subject to the conditions as laid down
under Section 482(2) of B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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