Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38786 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Niranjan Kumar S/o Sri Satish Singh @ Satish Kumar Resident of village -Nurdichak P.S-Warsaliganj ,District -Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks bail in connection with Raxaul P.S. Case No. 137 of 2025, instituted for the offences under Sections 127(2), 318(4), 143, 338, 336(3), 61(2), 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Section 79 of the Juvenile Justice (Care and Protection) Act, 2015.
3. As per the prosecution case the police has registered a case alleging that the named accused persons including the petitioner was involved in alluring young boys with a promise to provide them job and use to collect money.
Patna High Court CR. MISC. No.38786 of 2025(3) dt.06-08-2025 2/3
4. Learned counsel for the petitioner submits that even from the perusal of the FIR, there is nothing specific alleged against the petitioner and no incriminating article was recovered.
5. It has further been submitted that as far as the allegation of alluring the young boys and asking them for money are concerned, the same is not corroborated by any of the persons who have been apprehended or who were recovered by the police.
6. It has next been submitted that many listed companies were involved in such recruitment process and the allegation prima facie is false and concocted.
7. It has also been submitted that the petitioner has clean antecedent and is in custody since 31.03.2025.
8. Considering the aforesaid submissions and taking into account that there is no specific allegation of cheating the young boys or making false promise of providing job against the petitioner, he, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, East Champaran in connection with Raxaul P.S. Case No. 137 of 2025, subject to
Patna High Court CR. MISC. No.38786 of 2025(3) dt.06-08-2025 3/3 the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; and (iv) 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 bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
9. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T