Patna High Court
Amit Kumar Chaudhary @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, given the lack of corroborative victim testimony and his clean antecedent, subject to strict conditions.
Summary
Amit Kumar Chaudhary was arrested on 17-03-2025 in connection with an alleged abduction of a school‑going girl, charged under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case relied on an informant’s allegation, but the victim’s statement recorded under Section 183 BNSS did not support the charge and she refused a medical examination. The petitioner contended that he has a clean antecedent and was falsely implicated. The Additional Public Prosecutor opposed bail, while the petitioner’s counsel argued the lack of substantive evidence. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 137(2) and 96 of the Bharatiya Nyay Sanhita, 2023.
- Whether the victim’s statement under Section 183 BNSS is sufficient to deny bail.
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the alleged offence.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 183, 96
Subjects
- bail
- abduction
- child protection
- criminal procedure
- Bharatiya Nyay Sanhita
- false implication
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79209 of 2025
Arising Out of PS. Case No.-175 Year-2025 Thana- MANER District- Patna
======================================================
Amit Kumar Chaudhary @ Amit Kumar Son of Sachin Chaudhary @ Sapil
Chaudhary Resident of Village- Fatehpur PS -Paliganj, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Akhilesh Kumar son of Late shiv Sahay Ray Resident Of Village - shiva tola
(dost Nagar), P.O.- Sherpur, PS- Maner, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Sagar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Despite of valid service of notice, no one appeared
on behalf of Opposite Party No.2.
2. Heard Mr. Jitendra Kumar Sagar, learned counsel
for the petitioner as well as Mr. Lalan Kumar, learned
Additional Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
17.03.2025 in connection with Maner P.S. Case No. 175 of
2025, F.I.R. dated 13.03.2025 for the offences punishable under
Sections 137(2), 96 of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
abducted his daughter, when she was her way to school.
Patna High Court CR. MISC. No.79209 of 2025(4) dt.29-01-2026
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5. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR. The statement of
the victim was recorded under Section 183 BNSS in which she
did not support the prosecution case and she had also refused for
her medical examination. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 17.03. 2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Court POCSO-II, Patna in connection with Maner P.S. Case No.
175 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.79209 of 2025(4) dt.29-01-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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