Ankit Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34825 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ankit Kumar Gupta S/o Upendra Gupta Resident of Village- Sirisiya, P.S.- Kuchaikote, Distt.- Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Swarnima, Advocate For the State :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No-318 of 2024, dated-23.07.2024, registered for the offences punishable under Sections 87 and 96 of the B.N.S., 2023.
3. As per allegation, the Petitioner is alleged to have kidnapped fifteen years old daughter of the Informant and after kidnapping, there was phone call to the informant from the mobile nos. 7762862010, 8271939246 and 7808008070, in which the caller told him that his daughter is in their custody and he can come to the place Konhwa and take her back to his home. But when he went to Konhwa, he was asked to come to another place and now they are threatening him not to come to
2/4 them to take his daughter back, otherwise, she will be killed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that even as per the FIR, there is no eye witness to the alleged offence. The only material as per the prosecution case is the phone call from his mobile no. 7808008070. Even after investigation, no other material has been collected against the Petitioner. He also submits that charge-sheet has already been submitted and even charge has been framed against the Petitioner.
5. He further submits that the petitioner has been languishing in jail since 28.10.2024.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the material in support of the prosecution case and stage of trial, this application is allowed, directing the petitioner, above-named, to be enlarged on bail on
3/4 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Kuchaikote P.S. Case No-318 of 2024 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/ Md. RashidU T