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Patna High CourtCR. MISC./7927/2025bail granted

Chintu Prasad v. The State Of Bihar

2025-02-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7927 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Chintu Prasad Son of Late Mahendra Prasad @ Ramashish Bind Resident of Village - Saitha, P.S.- Sonhan, District - Kaimur (Bhabhua). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 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

Patna High Court CR. MISC. No.7927 of 2025(2) dt.07-02-2025 2/3 due to enmity and dirty village politics. The petitioner is not named in the F.I.R. He further submits that the police raided the house of co-accused Guriya Devi @ Puja and recovered the child and arrested Guriya Devi and petitioner was said to be present there. 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. Other co-accused has been granted bail by this Court vide order dated 31-01-2025, passed in Cr. Misc. No. 6467 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties 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.

Patna High Court CR. MISC. No.7927 of 2025(2) dt.07-02-2025 3/3 197 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T