Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39437 of 2025 Arising Out of PS. Case No.-641 Year-2023 Thana- DHANARUA District- Patna ====================================================== Sudhir Kumar Son of Late Yogendra Prasad Resident of Village- Mai (Sonmai), P.s.- Dhanaruwa, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365, 302, 201, 120B and 34 of the Indian Penal Code.

3. F.I.R. has been lodged against unknown persons for kidnapping and thereafter, committing murder of son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation merely on the basis of confessional statement of co-accused person and except the same, there is no material on record to show the

Patna High Court CR. MISC. No.39437 of 2025(3) dt.31-10-2025 2/2 complicity of this petitioner in the alleged occurrence. No one has claimed to have seen this petitioner committing the alleged offence. It is lastly submitted that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 17.05.2024 passed in Cr. Misc. No. 25165 of 2024, order dated 21.06.2024 passed in Cr. Misc. No. 33099 of 2024 and order dated 06.12.2024 passed in Cr. Misc. No. 61295 of 2024. Charge-sheet has already been submitted and petitioner is in custody since 11.04.2025.

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, period of custody and claim based on parity, the prayer for grant bail of to the petitioner is allowed.

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 J.M. 1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 641 of 2023. (Prabhat Kumar Singh, J) shashank/- U T