Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15641 of 2026 Arising Out of PS. Case No.-382 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Chhotu Kumar S/o Ajay Singh Resident of Village- Simariya, P.S.- Pakaribarawan, District- Nawada, ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pakaribarawan P.S. Case No.382 of 2025 lodged on 25.09.2025, for the offences punishable under Sections 126(2), 115(2), 331, 74, 351(2) and 352 of the B.N.S., 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with allegation that the petitioner entered into the house of the informant and molested and assaulted her. Thereafter, the accused persons threatened her that if case has been lodged then they shall kill her.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.15641 of 2026(3) dt.06-05-2026 2/3 also submits that the allegation made in the FIR may not be accepted as the petitioner has been falsely implicated in the present case. He further submits that case diary has been called for with a view to identify the allegation. He further submits that the informant is a major and both parties are resident of same village. He further submits that they have affectionate relation between them. When she made noise, then co-villagers have seen the accused person and made allegation against the petitioner.

5. Counsel submits that the criminal antecedent of the petitioner is clean and the sections under which case has been lodged, no any ingredients are available in the fardbeyan.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that ingredient of section 126(2) of the BNS has been fulfilled only in this case.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Chief Judicial Magistrate-II, Nawada,

Patna High Court CR. MISC. No.15641 of 2026(3) dt.06-05-2026 3/3 in connection with Pakaribarawan P.S. Case No.382 of 2025 , subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Prakashmani/- U T