Shatrudhan Kumar @ Shatrudhan Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1437 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shatrudhan Kumar @ Shatrudhan Patel S/o- Late Baijnath Singh VillageSaitha PS- Sonhan District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parwej Khan, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kudra P.S. Case No. 197 of 2024 instituted for the offences under Sections 363, 365 & 34 of the Indian Penal Code and subsequently added Sections 370 & 120(B) of the I.P.C.
3. As per prosecution case, the unknown miscreants abducted the son of the Informant aged about 1 1⁄2 years and fled away on a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has
Patna High Court CR. MISC. No.1437 of 2025(2) dt.17-01-2025 2/3 transpired in this case on the basis of the confessional statement of the co-accused Chintu Prasad. He further submits that the victim/toddler has been recovered from the house of the coaccused Gudia Devi @ Puja and not from the house of the petitioner. No Test Identification Parade has been conducted in this case as yet. The petitioner has no concern with the alleged occurrence of kidnapping. Charge-sheet has been submitted in this case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.07.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Bhanu Pratap Chaubey has been granted bail by this Court vide order dated 09.01.2025 passed in Cr. Misc. No. 89646 of 2024. Co-accused namely Nitish Kumar Singh @ Bimalesh and Shan Kumar @ Sani Kumar @ Mangaru @ Mangru Rai have also been granted bail by this Court vide orders dated 22.10.2024 and 24.10.2024 passed in Cr. Misc. Nos. 74956 of 2024 and 76398 of 2024 respectively.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as
Patna High Court CR. MISC. No.1437 of 2025(2) dt.17-01-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent and the prayer for bail being based on parity, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Kudra P.S. Case No. 197 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T