Aditya Bhagat @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33100 of 2024 Arising Out of PS. Case No.-163 Year-2022 Thana- BIRPUR District- Supaul ====================================================== Aditya Bhagat @ Aditya Kumar S/O Ranjeet Bhagat Resident Of Birpur, Ward No. 09, Police Station - Birpur, Distt.- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bimlesh Kumar Singh S/O Harihar Prasad Singh R/O Birpur, Ward No. 09, P.S- Birpur, Distt.- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code and under Section 04/08 of the POCSO Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim in her statement

Patna High Court CR. MISC. No.33100 of 2024(3) dt.26-07-2024 2/2 under Section 164 of Cr.P.C. has not supported the prosecution case. He further submits that charge has been framed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 15.12.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that charge has been framed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Birpur P.S. Case No. 163 of 2022.

7. However, the petitioner is directed to co-operate in the Trial. If the petitioner will not appears on two consecutive dates, then the learned Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anjani Kumar Sharan, J) anand/- U T