Vipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32225 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- Jaitpur District- Muzaffarpur ====================================================== Vipul Kumar S/o- Late Raj Kishor Singh, resident of Village- Berua PsJaitpur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Jaitpur P.S. Case No. 81 of 2024 dated 26.07.2024 instituted for the offence punishable under Sections 137(2), 140(3) of the Bhartiya Nyaya Sanhita.

3. The allegation against the petitioner is that he took away the son of the informant on the assurance that he will give him a job and since then, his son is traceless.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that due to suspicion the petitioner has been made accused in this case. It is further submitted that the son of the informant is mentally sick

Patna High Court CR. MISC. No.32225 of 2025(3) dt.20-08-2025 2/3 person due to which his wife deserted him after few months of her marriage. This fact has also been corroborated by the witness in the case diary. No any witness has supported the allegation against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 10.11.2024 having three criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur West in connection with Jaitpur P.S. Case No. 81 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation,

Patna High Court CR. MISC. No.32225 of 2025(3) dt.20-08-2025 3/3 preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case.

(Khatim Reza, J) premchand/- U T