Pintu Kumar @ Pintu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6467 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Pintu Kumar @ Pintu Prasad Son of Late Mahendra Prasad @ Ramashish Bind Resident of village- Saitha, Ps- Sonhan, Dist- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 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 later on added Sections 370, 120(B) of the Indian Penal Code.
3. As per prosecution case, two unknown miscreants abducted the Informant's son aged about 11⁄2 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 due to enmity and dirty village politics. The petitioner is not
Patna High Court CR. MISC. No.6467 of 2025(2) dt.31-01-2025 2/3 named in the F.I.R. He further submits that on the basis of the confessional statement of the co-accused Chintu Prasad, the police raided the house of co-accused Guriya Devi @ Puja and recovered the child and arrested Guriya Devi. The police also arrested Pintu Kumar (the petitioner) and co-accused Bhanu Pratap Chaubey who were also present there at the time of raid. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. 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 Shani Kumar @ Sani Kumar @ Mangaru @ Mangru Rai has been granted bail by this Court vide order dated 24.10.2024 passed in Cr. Misc. No. 76398 of 2024. Co-accused Bhanu Pratap Chaubey has also been granted bail by this Court vide order dated 09.01.2025 passed in Cr. Misc. No. 89646 of 2024.
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
Patna High Court CR. MISC. No.6467 of 2025(2) dt.31-01-2025 3/3 and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also 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