Patna High Court
Anil Kumar @ Kharwar @ Anil Kumar Kharwar @ Anil KaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail given the consensual nature of the alleged relationship and the victim’s status as a major.
Summary
The petitioner, Anil Kumar Kharwar, was arrested in connection with an offence under Section 87 of the Bihar Narcotic Substances Act, 2023, after a missing‑person complaint involving the informant’s daughter. The FIR alleged that the daughter, a major, had a consensual relationship with the petitioner and was later implicated under pressure from her parents. The petitioner applied for bail, arguing that the relationship was consensual and that the victim’s statement under Section 183 of the BNSS confirmed her majority. The State opposed the bail. Considering the facts, the court granted bail on a bond of Rs.10,000 with two sureties and conditions for appearance, retaining the power to cancel the bail for non‑appearance.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the circumstances of the alleged offence under Section 87 of BNS, 2023?
Legislation cited
- Bihar Narcotic Substances Act — s. 87
Subjects
- bail
- Section 87
- Section 183
- criminal procedure
- consensual relationship
- missing person
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81167 of 2025
Arising Out of PS. Case No.-243 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Anil Kumar @ Kharwar @ Anil Kumar Kharwar @ Anil Kahar S/o Jagat
Kharwar @ Jagat Kahar R/o Village- Narhan, PS- Ramgarh, District- Kaimur
Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-87 of BNS, 2023.
3. Prosecution case in short is that the informant’s
daughter went to college and did not return. Thereafter, the
informant searched her but she could not be traced out. It is
stated that the informant’s daughter always used to call on
mobile No. 8107523239.
4. It has been submitted on behalf of the petitioner
that according to FIR itself, the victim is major. In her statement
recorded under the provisions of Section-183 of BNSS, she
admitted that the petitioner was known to her for a year and he
Patna High Court CR. MISC. No.81167 of 2025(4) dt.20-02-2026
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used to come in her house. Learned counsel for the petitioner
has submitted that as a matter of fact, the relation between the
victim and the petitioner is consensual and at the pressure of her
parents, she implicated the petitioner. The petitioner is under
custody since 26-07-2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 learned Additional Chief
Judicial Magistrate, Mohaniya, Kaimur in connection with
Ramgarh P.S. Case No. 243 of 2025 with condition that the
petitioner will appear in the court below on each and every
date fixed in the case and if, he fails to do so on two
consecutive dates unless he is prevented by extremely
adverse circumstances, the learned court below shall be at
liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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