Patna High Court
Chhedi MukhiyaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court denied bail to the petitioner, holding that the gravity of the offence and the non‑recovery of the minor warranted continued detention.
Summary
Chhedi Mukhiya was arrested in connection with a kidnapping case involving the minor daughter of an informant, alleged under Sections 137(2), 96, 126(2), 115(2), 352 and 3(5) of the BNS, 2023. The petitioner pleaded innocence, arguing that the FIR was based solely on suspicion, that call‑detail records showed he was at home on the date of the alleged offence, and that witnesses did not implicate him. The State opposed bail, emphasizing the seriousness of the offences and the fact that the victim had not yet been recovered. The Court examined the FIR, case diary, and the earlier order of the Special POCSO Court, noting the gravity of the charges and the lack of concrete evidence linking the petitioner to the crime. Considering the seriousness of the alleged kidnapping and the non‑recovery of the minor, the Court declined to grant bail. Consequently, the petition for regular bail was rejected.
Issues considered
- Whether bail should be granted to the accused in a kidnapping case involving a minor when the victim is not recovered and evidence against the accused is primarily circumstantial.
Legislation cited
- BNS, 2023 — s. 115(2), 126(2), 137(2), 3(5), 352, 96
Subjects
- bail
- kidnapping
- minor
- POCSO
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73653 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Chhedi Mukhiya, Male, aged about 25 years, Son of Juge Mukhiya, Resident
of Village- Gopalpur Shiri, P.S.- Supaul, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Supaul P.S. Case No. 169 of 2025 instituted for the offences
punishable under Sections 137(2), 96, 126(2), 115(2), 352 and
3(5) of the BNS, 2023.
3. As per allegation in the FIR, four FIR named
accused persons kidnapped the minor daughter of the informant
with an intention to marry her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of
suspicion. He submits that the prosecution story is false and
concocted. He further submits that there is general and omnibus
Patna High Court CR. MISC. No.73653 of 2025(3) dt.21-01-2026
2/3
allegation against the petitioner and no specific acquisition has
been made in the FIR. He next submits that that during course
of investigation the Investigating Officer received the CDR
Mobile of the petitioner which shows that on the alleged date of
occurrence the petitioner is residing at his house and there is no
any movement of the petitioner, therefore, no question will arise
the involvement of the petitioner. He lastly submits that in
course of investigation, the Investigating Officer recorded the
statement of the several witnesses but they have only supported
the factum of occurrence but not stated anything against the
petitioner. Petitioner has got clean antecedent as stated in para 3
of the petition is in custody since 16.05.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, case diary, and also
perused the impugned order dated 06.08.2025 passed by the
learned District and Additional Sessions Judge-VI-cum-Special
Judge Exclusive POCSO Court, Supaul, it appears that on the
basis of written report of the informant, namely, Nagendra
Sharama @ Nageshwar Sharma, FIR has been registered under
Sections 137(2), 96, 126(2), 115(2), 352 and 3(5) of the BNS,
2023 against seven co-accused persons including the present
Patna High Court CR. MISC. No.73653 of 2025(3) dt.21-01-2026
3/3
petitioner and the allegation is of kidnapping the minor daughter
of the informant with an intention of marry her. From perusal of
the records it also appears that the victim has not been recovered
as yet, so considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner that the
involvement of the petitioner in the said occurrence as well as
gravity of offence, I am not inclined to grant bail to the
petitioner.
7. Prayer for regular bail of the petitioner is hereby
rejected.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
Checking your session…