Nagesh Bhuia @ Nagesh Bhuiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17835 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- NAURANGIA District- West Champaran ====================================================== 1.
Nagesh Bhuia @ Nagesh Bhuiya S/O Binod Bhuia R/O Village - Kamardanga, Police Station- Andal, District- West Vardhman, West Bengal 2.
Niyoti Devi W/O Binod Bhuia R/O Village - Kamardanga, Police StationAndal, District- West Vardhman, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2026
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Naurangiya P.S. Case no.5 of 2026 registered under sections 143(3), 143(5), 144, 145, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that on receiving information that the accused persons are taking away three minor children for oblique purpose, he reached the place of occurrence and both the accused who are the petitioners herein were taken into custody. The three children aged about 12 year, 8 year and 7 year were recovered from their possession and the accused were taken into custody.
Patna High Court CR. MISC. No.17835 of 2026(5) dt.08-07-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The children were with the petitioners with the consent of their parents and were going out on a trip. The facts are supported from the contents of the affidavit brought on record as Annexure to the instant application. Further, the statement of the children were recorded under section 183 of the BNSS wherein they have not supported the prosecution case as made out in the FIR. The petitioners have no criminal antecedent and are in custody since 23.1.2026. Charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation and especially the contents of the statement of the three children recorded under section 183 of the B.N.S.S together with the petitioners having remained in custody since 23.1.2026, chargesheet having been submitted in the case and neither of them having any criminal antecedent, both the petitioners are directed to be enlarged on bail in connection with Naurangiya P.S. Case no.5 of 2026 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.17835 of 2026(5) dt.08-07-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Bagaha, West Champaran. (Partha Sarthy, J) Shiv/- U T