Munna Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1639 of 2026 Arising Out of PS. Case No.-539 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Munna Kumar @ Vikash Kumar S/O Shambhu Sah @ Shambhu Prasad Resident of Village- Chhota Bariyarpur, P.S.- Chhatauni District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-02-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 539 of 2025, registered for the offences punishable under Sections 127(2), 318(4), 338, 336(3), 143(3), 61(2) and 3(5) of the BNS, 2023.
3. Based upon the written report, the prosecution alleges that the SHO of Chhatauni Police Station, East Champaran has received secret information that some unemployed young persons from different States have been made hostage and kept in a rented house on a false promise of providing job and were physically and mentally tortured. On the aforesaid information, the police conducted raid and rescued 90
Patna High Court CR. MISC. No.1639 of 2026(2) dt.04-02-2026 2/3 unemployed persons and seized various samples of sale products and some identity cards as well as mobile phones.
4. Learned Advocate for the petitioner submitted that the entire case is revolving around co-accused Asiqul Islam and Md. Ashraf along with their partners, who were engaged in running a business in the name and style of Otamics Company. The name of the petitioner has been dragged in this case only on account of he being owner of one of the premises, in which the company runs its affair. Even from reading of the FIR, it is evident that the petitioner has rented his flat/house and for the said purpose, there is a month-to-month rent agreement, duly executed by the petitioner in favour of co-accused Asiqul Islam and Md. Ashraf. The petitioner has neither any concern with the alleged affairs of the company nor there is any whisper in the FIR and any materials have collected during the course of investigation. The petitioner bears fair antecedent and he undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the accused persons had formed a racket, who were involved in duping the young persons on the pretext of providing job, which
Patna High Court CR. MISC. No.1639 of 2026(2) dt.04-02-2026 3/3 was running in the house of the petitioner and, as such, his complicity cannot be ruled out.
6. Having considered the submissions advanced and taking note of the fact that save and except the petitioner being owner of the house, in question, which was given on rent to the accused persons, there is no material suggesting his complicity in the crime, besides his fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 539 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T