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Patna High Court

Chhotu Mukhiya @ Chotu MukhiyaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding no sufficient ground to keep him in custody.

Summary

The petitioner, Chhotu Mukhiya, was arrested in connection with a case alleging kidnapping of a minor girl, the informant's daughter, under Sections 137(2) and 96 of the Bihar Narcotic Substances Act, 2023 and Section 8 of the POCSO Act. The prosecution claimed the petitioner had abducted the child, while the petitioner asserted innocence, stating that the victim’s recorded statement under Sections 180 and 183 of the BNSS identified him as her brother‑in‑law and that no kidnapping occurred. The victim’s statement corroborated the petitioner’s claim, and the informant’s counsel conceded the argument. The petitioner, who had been in judicial custody since 26‑08‑2025 and had no prior criminal record, applied for bail. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the BNSS and POCSO Act.
  • Whether the victim’s statement negates the allegation of kidnapping.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • child protection
  • false implication
  • criminal procedure

Judgment

                    06 of 2025 IN THE HIGH COURT OF JUDICATURE AT
                                          PATNA
                              CRIMINAL MISCELLANEOUS No.80881 of 2025
                      Arising Out of PS. Case No.-216 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
                 Chhotu Mukhiya @ Chotu Mukhiya Son of Prabhu Mukhiya R/o Village -
                 Sapaha, PS - Sugauli Dist. - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Pitambar Mukhiya Son of Late Surya Mukhiya R/o Village - Binwaliya, PS -
                 Govindganj, Dist. - East Champaran.

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

3   21-01-2026                    Heard Mr. Deepak Kumar, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Govindganj P.S. Case No. 216 of 2025 registered for the

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

                   2023 and Section 8 of the POCSO Act.

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

                   petitioner has kidnapped the minor daughter of the informant.

                                4. Learned counsel appearing on behalf of the

                   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
Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026
                                            2/3




          course of investigation, the victim has given her statement

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

          has stated that the petitioner is her brother-in-law. She and her

          sister, along with this petitioner, have gone on a trip and they

          have stayed at Motihari. After this, when she asked the

          petitioner to drop her at her house, he told her to stay there for a

          night. She stayed there at the house of her sister after the police

          had apprehended him. He also submits that the petitioner is the

          brother-in-law, and from the statement of the victim, it is clear

          that the petitioner has not kidnapped or enticed her. 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 26.08.2025.

                       5. Learned counsel for the informant has conceded to

          the argument of the learned counsel for the petitioner.

                       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 District

          & Additional Sessions Judge-cum-Exclusive Special Judge-VI,
           Patna High Court CR. MISC. No.80881 of 2025(3) dt.21-01-2026
                                                       3/3




                     POCSO Act, East Champaran, Motihari in connection with

                     Govindganj P.S. Case No. 216 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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