Shivam Kumar @ Chandra Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16862 of 2025 Arising Out of PS. Case No.-221 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Shivam Kumar @ Chandra Prakash Kumar S/o- Ranjit Kumar Jha @ Ranjit Jha Village- Simaria Chanan Tola Ward no.11, P.S- Chakia (Barauni), DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Abhay Kumar Jha, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2025 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.
3. As per prosecution case, on 07.07.2021 at about 7 PM, the daughter of informant, aged about 16 years, went to attend coaching class, but she did not return till 12 o'clock. On search, informant came to know that his daughter went with coaccused Krishna Kumar Pathak and others to Varanasi. It is further alleged that when informant went to the house of accused persons, he did not get any satisfactory reply. Informant suspects that co-accused Krishna Kumar Pathak and other F.I.R. named accused persons, including this petitioner, have
Patna High Court CR. MISC. No.16862 of 2025(2) dt.11-04-2025 2/3 kidnapped his daughter by alluring her.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he is alleged to be friend of co-accused Krishna Kumar Pathak. As a matter of fact, petitioner is co-villager of coaccused Krishna Kumar Pathak and has got no concern with the affairs of co-accused Krishna Kumar Pathak. There are general and omnibus allegations and there is no specific accusation of overt act against this petitioner. It is further submitted that similarly situated co-accused person, namely Sanjeev Pathak, has already been granted privilege of bail by this Hon'ble Court vide order dated 24.01.2025 passed in Cr. Misc. No. 81431 of 2024. Charge-sheet has already been submitted. Petitioner has got no criminal antecedents and he is in custody since 07.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
Patna High Court CR. MISC. No.16862 of 2025(2) dt.11-04-2025 3/3
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Teghra P.S. Case No. 221 of 2021.
(Prabhat Kumar Singh, J) shashank/- U T