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Patna High CourtCR. MISC./11534/2025bail granted

Prashant Kumar Singh v. The State Of Bihar

2025-06-19Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11534 of 2025 Arising Out of PS. Case No.-231 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Prashant Kumar Singh Son of Kailash Singh Resident of Village - Bara Harakh Ward No. 1, P.S. -Pakrideyal, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 364 (A)/34 of the I.P.C.

3. As per the prosecution case, the petitioner along with other co-accused persons is alleged to have kidnapped the brother of the informant and detained him at a place of a liquor mafia in Haryana where he was allegedly beaten.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that even from perusal of the statement of the recovered victim (brother of the informant), it is evident that no case under Section 364 (A) of the I.P.C. is

Patna High Court CR. MISC. No.11534 of 2025(6) dt.19-06-2025 2/3 made out against the petitioner and moreover the allegation of wrongful confinement is not with the petitioner and it would be attributed to the person where the brother of the informant was kept in Haryana. It is lastly submitted that the petitioner has clean antecedent and is in custody since 18.11.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the statement of the recovered victim (brother of the informant) coupled with the fact that the petitioner is in custody since 18.11.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Pakridayal P.S. Case No. 231 of 2023, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution

Patna High Court CR. MISC. No.11534 of 2025(6) dt.19-06-2025 3/3 will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T