Patna High Court

Badal KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Badal Kumar, sought bail in a case registered under Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023, alleging that he was falsely implicated in a human‑trafficking offence. The prosecution alleged that the petitioner was found with a minor girl near the Nepal border and intended to take her to Sunsari, Nepal for illicit purposes. The petitioner contended that the minor’s own statements, recorded under Sections 180 and 183 of the same Act, indicated she voluntarily contacted him and was fleeing abuse by her father, thereby exonerating him. The court examined the victim’s statements, the petitioner’s lack of prior criminal record, and the fact that he had been in judicial custody since September 2025. Finding no substantive risk of flight or tampering with evidence, the court decided to grant bail. Accordingly, the petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner under Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023.
Whether the victim’s statements under Sections 180 and 183 of the Act negate the prosecution’s case.
Whether the petitioner poses a flight risk or a danger of tampering with evidence.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 137(2), 180, 183, 96

Subjects

bail
human trafficking
minor
Nepal border
Bihar Narcotic Substances Act
Section 137(2)
Section 96
Section 180
Section 183
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80818 of 2025
                       Arising Out of PS. Case No.-76 Year-2025 Thana- Bhimnagar District- Supaul
                 ======================================================
                 Badal Kumar Son of Mahesh Kumar Poddar @ Mukesh Kumar Poddar R/o
                 Village - Jaiprakash Nagar, Ward No. 26, Nagar Parishad, Supaul, PS and
                 Dist. - Supaul.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Surya Narayan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-01-2026                     Heard Mr. Surya Narayan Kumar, learned counsel

                   for the petitioner and Mr. Sanjay Kumar Pandey, learned APP

                   for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhimnagar P.S. Case No. 76 of 2025 registered for the

                   offence punishable under Sections 137(2), 96 of the B.N.S.,

                   2023.

                                3. The case of the prosecution in short is that the

                   petitioner was found with a minor girl by the police team as well

                   as the Anti-Human Trafficking Unit at the Nepal border. The

                   boy further disclosed that he was going to take the victim girl to

                   Nepal, District-Sunsari, for some illicit purpose.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.80818 of 2025(3) dt.21-01-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that during the

          course of investigation, the victim has given her statement

          recorded under Sections 180 and 183 of the BNSS, wherein she

          has stated that she was knowing the petitioner. She was being

          beaten by her father out of anger. She called the petitioner and

          was going to Nepal. He also submits that the statements made

          by the victim girl herself exonerate the petitioner, as she herself

          has stated that she had called the petitioner and was going with

          him. The petitioner has not enticed her to be taken away. He

          further submits that a statement has been made in para 3 of the

          petition that petitioner has no criminal antecedent and he is

          languishing in judicial custody since 21.09.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned
           Patna High Court CR. MISC. No.80818 of 2025(3) dt.21-01-2026
                                                       3/3




                     Additional Chief Judicial Magistrate, Birpur in connection with

                     Bhimnagar P.S. Case No. 76 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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