Patna High Court
Md. Chunnu ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Chunnu Shah, was arrested on 31 May 2025 in connection with an alleged abduction of an informant's daughter‑in‑law under Section 87 of the BNS, 2023. The prosecution alleged the abduction, but the victim’s statement recorded under Section 183 of the BNSS, 2023 did not implicate the petitioner and she refused a medical examination. The petitioner claimed a clean antecedent and that the FIR was fabricated. The Additional Public Prosecutor opposed bail. Considering the clean antecedent, lack of incriminating statement by the victim, and refusal of medical examination, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering of evidence, and verification of antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Section 87 of the BNS, 2023.
- Whether the victim’s non‑implicating statement and refusal of medical examination affect the bail decision.
Legislation cited
- BNS, 2023 — s. 87
- BNSS, 2023 — s. 183
Subjects
- bail
- abduction
- Section 87
- Section 183
- clean antecedent
- victim statement
- medical examination refusal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85402 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Md. Chunnu Shah Son of Md. Manjoor Shah @ Manjoor Miya Resident of
Village- Shodipur, P.S.- Chakand, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyaveer Jha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Satyaveer Jha, learned counsel for the
petitioner and Mr. Anand Kishore Choudhary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.05.2025 in connection with Chakand P.S. Case No. 57 of
2025, F.I.R. dated 18.02.2025 for the offences punishable under
Section 87 of the BNS, 2023.
3. According to prosecution case, this petitioner has
abducted the daughter-in-law of the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. In fact, the petitioner is
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brother-in-law of the victim and the victim's statement has been
recorded under Section 183 of the BNSS, 2023 in which she has
not stated about the petitioner. Apart from that she has also
refused for her medical examination. The petitioner is in
custody since 31.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, victim has not stated
anything about the petitioner and victim has also refused for her
medical examination, 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 Additional Chief Judicial Magistrate-
V, Gaya in connection with Chakand P.S. Case No. 57 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
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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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)
Vanisha/-
U T
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