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Patna High Court

Chhedi MukhiyaversusThe State of Bihar

Decided
Disposal
REJECTED

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


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