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Patna High CourtCR. MISC./17115/2025bail granted

Rokky Kumar @ Rocky Kumar @ Sneh Kumar v. The State Of Bihar

2025-10-30Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17115 of 2025 Arising Out of PS. Case No.-238 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Rokky Kumar @ Rocky Kumar @ Sneh Kumar S/o Mr. Upendra Paswan R/o Bishnupur Arra, P.S.- Goraul, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr. Santosh Kumar, Adv.

For the State : Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 664/2023 arising out of Goraul P.S. Case No. 238 of 2023 dated 07.06.2023 registered for the offences punishable u/ss 363 and 365 of the Indian Penal Code and subsequently, Sections 302 and 120B of the Indian Penal Code were added.

3. As per the prosecution case, on 07.06.2023, the informant's son Sujeet Kumar aged about 10 years was kidnapped by unknown miscreants when he had gone to Middle School, Vishunpur.

Patna High Court CR. MISC. No.17115 of 2025(3) dt.30-10-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The petitioner has been accused in this case merely on suspicion. There is no direct allegation against the petitioner in the present case to connect the petitioner with the alleged crime. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the last time, the prayer for bail of the petitioner was rejected, it is evident that three witnesses were examined by that time and the Hon'ble Court had directed to conclude the trial by six months. After expiry of the said period, the petitioner again renewed the prayer for bail which was also rejected.

Learned counsel has further submitted that from the said order (Annexure-P3), it is evident that the stage of trial is the same as it was the last time and only three witnesses have been examined till date. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.07.2023.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the regular bail application of the petitioner was earlier rejected by this court vide order dated

Patna High Court CR. MISC. No.17115 of 2025(3) dt.30-10-2025 3/3 10.07.2024 passed in Cr. Misc. No. 12447/2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Sessions Trial No. 664/2023 arising out of Goraul P.S. Case No. 238 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii) The petitioner is directed to cooperate in the trial before the learned court below.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T