Chhotu Choudhary @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6240 of 2026 Arising Out of PS. Case No.-413 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Chhotu Choudhary @ Chhotu Kumar, Male, aged about 26 years, Son of Bhagawat Choudhary @ Bhagat Choudhary Resident of Village- Siswa Saraiya, P.S. Bairiya, District West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Choudhary Son of Late Bhikhari Choudhary Resident of VillageLakad, P.S. Lauriya, District West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP For the informant :

Mr. Sachida Nand Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2026 Heard Mr. Ashok Kumar Gupta, learned counsel appearing on behalf of the petitioner; Mr. Nawal Kishore Prasad learned APP for the State and Mr. Sachida Nand Rai, learned counsel for the informant.

2. The petitioner seeks pre-arrest bail in connection with Lauriya P.S. Case No. 413/2024 registered for the offence(s) punishable under Sections 137(2), 96, 3(5) of the BNS and Sections 8 and 12 of the POCSO Act.

3. As per the allegation made in the FIR, the petitioner along with other co-accused has kidnapped the minor

Patna High Court CR. MISC. No.6240 of 2026(3) dt.15-04-2026 2/3 daughter of the informant with an intention to commit wrong.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that the FIR was lodged after an unexplained delay of five days, which indicates that it is an afterthought. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Mr. Sachida Nand Rai, learned counsel has tendered his appearance on behalf of the informant and submitted that the victim in her statement recorded under Section 183 of BNSS has stated that the petitioner has done wrong with her and the said fact has also come in the impugned order, and as such, the petitioner don't deserve to be released on pre-arrest bail.

6. Learned APP appearing on behalf of the State has also vehemently opposed the prayer for grant of pre-arrest bail.

7. Considering the nature of the allegations made against the petitioner, and the fact that the victim, a 15-year-old minor, has stated in her statement recorded under Section 183 of the BNSS that the petitioner, aged about 26 years and a mature individual, committed wrong with her, I am not inclined to grant

Patna High Court CR. MISC. No.6240 of 2026(3) dt.15-04-2026 3/3 pre-arrest bail to the petitioner.

8.Accordingly, the present bail application stands dismissed.

(Purnendu Singh, J) Sanjay/- U T