Shailesh Chand @ Suraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39191 of 2025 Arising Out of PS. Case No.-755 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Shailesh Chand @ Suraj, S/o Om Prakash Chaudhary, resident of VillageTerma, PS- Wazirganj, Distt.- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate Ms. Varsha Verma, Advoctae For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Wazirganj P.S. Case No.755 of 2024 registered for the offences punishable under Sections 137(2), 140(3) read with 3(5) of the Bhartiya Nyaya Sanhita-2023 (for short 'B.N.S.').

3. The accused/petitioner is not named in the FIR and is in custody since 12.10.2024.

4. Allegation against the petitioner is to kidnap the son of informant for ransom.

5. It is submitted by learned counsel appearing for the petitioner that the name of petitioner transpired during the course of investigation on the basis of confessional

Patna High Court CR. MISC. No.39191 of 2025(2) dt.18-08-2025 2/3 statement of co-accused Sanjeet Kumar Yadav, in furtherance of which, no incriminating material recovered/surfaced as to connect the petitioner prima facie with present occurrence of kidnapping. It is submitted that even the extortion call was made by co-accused Sanjeet Kumar. It is also pointed out that petitioner was not put on T.I.P. as yet and moreover the victim even failed to name petitioner while recording his statement under Section 164 of the Code of Criminal Procedure (in short 'CrPC'). While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused Sanjeet Kumar, nothing incriminating recovered/surfaced as to connect the petitioner prima facie with present occurrence of kidnapping, coupled

Patna High Court CR. MISC. No.39191 of 2025(2) dt.18-08-2025 3/3 with the fact that investigation of this case is already completed, where petitioner is in custody since 12.10.2024, accordingly, the petitioner, who is a man of clean antecedent, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Wazirganj P.S. Case No.755 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T