Created by Fuzzy Cloud

Patna High Court

Amit Kumar Chaudhary @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                      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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.