Chhotu Kumar Gupta @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63174 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== Chhotu Kumar Gupta @ Chhotu Kumar, aged about 19 years male, S/o Bijay Gupta @ Vijendra Sah R/o Mohalla- Hajipur Ward No. 20, P.S. and DistrictKhagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Khagaria P.S. Case No. 197 of 2025 dated 19-06-2025, instituted under Sections 137(2),96, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.The prosecution case, in short, is that on 19.06.2025 at around 4 A.M., the FIR-named accused persons kidnapped the informant's 15-year-old daughter by putting a cloth over her mouth. When the informant went to Navin Kumar's house with local residents, the father of Navin and his family members started quarrelling and said that Navin Kumar had kidnapped his daughter and they supported Navin Kumar
Patna High Court CR. MISC. No.63174 of 2025(2) dt.10-09-2025 2/3 and also stated that they had cooperated in the said kidnapping. It is also alleged that one of the accused, Samsan Kumar Gupta, had previously kidnapped a Muslim girl and married to her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that specific allegations of kidnapping the informant's daughter have been made only against co-accused Navin Kumar, Samsan Kumar Gupta and Sonu Kumar Gupta. There is no specific allegation of kidnapping against the petitioner. It is further submitted that the petitioner happens to be a neighbour of Navin Kumar and his involvement cannot be presumed merely on the basis of neighborhood. Referring to the FIR, it is submitted that no specific role has been assigned to petitioner, who is merely alleged to have cooperated in the offence. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.63174 of 2025(2) dt.10-09-2025 3/3 sureties of the like amount each to the satisfaction of the learned CJM Khagaria, in Khagaria P.S. Case No. 197 of 2025, G. R. Case No. 1740 of 2025 subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T