Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the lack of substantive evidence linking him to the alleged abduction, anticipatory bail under Section 482(2) of the B.N.S., 2023 was warranted, subject to conditions.
Summary
The petitioner, Chandan Kumar, applied for anticipatory bail in a case registered under Sections 137(2), 87 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging abduction of a factory employee. He contended that he has a clean record and that the allegations are false, asserting that the victim, Bablee Akhtar, had left the state, changed her name to Puja, married Dinesh Yadav, and that her statement under Section 183 merely recorded a consensual relationship regarding unpaid dues. The State opposed the bail but could not refute the petitioner’s claim that the victim had voluntarily eloped and that there was no concrete evidence of kidnapping. The court examined the credibility of the victim’s statement, the petitioner’s antecedents, and the possibility of the petitioner fleeing or tampering with evidence. Relying on Section 482(2) of the B.N.S., 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to standard conditions. The order was made to ensure the petitioner’s liberty pending trial while safeguarding the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the allegations of abduction and related offences are substantiated enough to deny bail.
- Whether the petitioner is likely to flee, tamper with evidence, or influence witnesses.
- Whether the victim’s statement under Section 183 impacts the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 183, 3(5), 482(2), 87
Subjects
- anticipatory bail
- false implication
- abduction
- Section 137
- Section 183
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73893 of 2025
Arising Out of PS. Case No.-305 Year-2025 Thana- PANCHRUKHI District- Siwan
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Chandan Kumar S/o Sri Kishori Lal R/o Mohalla - Jai Prakash Nagar, P.O -
Siwan , P.S - Siwan, District - Siwan, State - Bihar, Pin - 841226
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 12-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 137(2), 87
and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his daughter worked in Adauri factory and used to
come to the house at 6 PM, but on 24.06.2025, she left for her
work place but did not return till 7 P.M., thus he enquired from
Chandan (petitioner), the owner of the factory, who disclosed
that he was not aware of her whereabouts, it is next alleged that
Chandan used to talk to the victim on phone and further alleges
that petitioner along with Suraj abducted her daughter either for
Patna High Court CR. MISC. No.73893 of 2025(5) dt.12-01-2026
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marrying her or for some illegal purpose.
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 is the owner of the
factory as such it does not appear probable that petitioner would
have abducted his own employee. It is further submitted that the
name of the victim is Bablee Akhtar and she was in love with a
person named Dinesh Yadav from Rajasthan, accordingly she
went to Rajasthan and changed her name to Puja and married
Dinesh and started living with him. It is also submitted that after
the case was taken up, the victim was recovered from Rajasthan
and her statement under Section 183 BNSS was recorded,
wherein she has stated that she knew Suraj, who got her
employed in the factory of the petitioner and she had some
monetary dues as such she asked the petitioner to pay her
legitimate due on which petitioner asked her to come the next
day and on the next day when she went to meet the petitioner
for seeking her dues, the petitioner established physical relation.
The learned counsel submits that no doubt in her statement
recorded under Section 183 BNSS, she alleges that petitioner
established physical relation with her but then it is submitted
that if what is being stated in her statement recorded under
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Section 183 BNSS is true in that event the victim would have
informed the informant about the occurrence but then that was
not done rather she eloped with Dinesh to Rajasthan and even
changed her name and was staying there when she was
recovered.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner but then is not in a position to
rebut the submission of the learned counsel appearing on behalf
of the petitioner that the name of the victim is Bablee Akhtar
and she changed her name to Puja and thereafter married Dinesh
and was staying at Alwar, Rajasthan. At this stage, the learned
counsel for the petitioner submits that out of the wedlock, two
children were also born to the victim.
6. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, 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 the learned
trial court where the case is pending/successor court in
connection with Panchrukhi (Sarai) P.S. Case No.305/2025,
subject to the conditions as laid down under Section 482 (2) of
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the B.N.S.S.
(Satyavrat Verma, J)
amit/-
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