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Patna High CourtCR. MISC./41130/2025bail granted

Surendra Bharti @ Takla @ Surendra Kumar v. The State Of Bihar

2025-07-09Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41130 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Surendra Bharti @ Takla @ Surendra Kumar S/o Mohan Bharti R/o VillageJogiara, PS- Pratappur, Dist- Chatra Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Imamganj P.S Case No. 05 of 2025 registered for the offences punishable under Sections 137(2), 143, 145, 146, 3(5) of B.N.S and Section 3, 14 and 3(A) of Child Labour Act 1986.

3. As per allegation, petitioner along with co-accused kidnapped informant's minor son and sold him to a bangle owner Ranjan in Sikandrabad, Andhra Pradesh where this minor is being trafficked and forced to work.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that from perusal of FIR itself it appears that the son

Patna High Court CR. MISC. No.41130 of 2025(2) dt.09-07-2025 2/3 of the informant was kidnapped about three months earlier but surprisingly the informant did not institute any type of case against anyone, this fact primafacie falsify the prosecution case. It is further submitted that matter has been compromised between the parties and good relationship has been restored between the parties, as it appears from the order impugned itself. It is next submitted that petitioner has got clean antecedent as stated in paragraph 3 of the bail application. It is also submitted that petitioner is in judicial custody since 20.03.2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order, it appears that there is a delay of about three months in lodging of the First Information Report. Further the matter has been compromised between the parties and good relationship has been restored between the parties, as it appears from the order impugned itself.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.41130 of 2025(2) dt.09-07-2025 3/3 the like amount each to the satisfaction of learned J.M-1st class, Sherghati at Gaya in connection with Imamganj P.S Case No. 05 of 2025.

(Ramesh Chand Malviya, J) Mayank/- U T