Badal Kumar @ Aakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45953 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- RAXAUL District- East Champaran ====================================================== Badal Kumar @ Aakash Kumar S/o Dinesh Sah R/o Mohalla- Ward No. 09, Bharra, P.S.- Muffasil, Distt- Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal, Sr. Advocate For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Raxaul P.S. Case No. 137 of 2025 registered for the offences under Sections 127(2), 318(4), 143, 338, 336(3), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 & Section 79 of the Juvenile Justice Act.
3. The petitioner is named in the F.I.R. and is in custody since 31.03.2025.
4. As per the prosecution case the police has registered a case alleging that the named accused persons including the petitioner was involved in alluring young boys with a promise to provide them job and use to collect money.
Patna High Court CR. MISC. No.45953 of 2025(2) dt.03-09-2025 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that there is nothing specific alleged against this petitioner and furthermore no incriminating article recovered from his possession, which may suggest prima-facie, his involvement with the present crime in question. It is pointed out that nothing transpired during the course of investigation or from the statement of the persons, who were apprehended that the petitioner was involved even in alluring the young boy. It is submitted that in recruitment process several other companies were involved.
6. While concluding the argument, it is submitted that similarly situated co-accused namely, Niranjan Kumar has already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 38786 of 2025 dated 06.08.2025 and, therefore, as a matter of judicial parity, this petitioner also deserves bail and, moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence. Petitioner claimed to be a man of clean antecedent.
7. Learned APP appearing on behalf of the State, opposes the prayer for bail.
8. In view of aforesaid factual submission and by taking note of nature of accusations, which is appearing very much general and omnibus, where other co-accused already granted bail
Patna High Court CR. MISC. No.45953 of 2025(2) dt.03-09-2025 3/3 by one of the learned Co-ordinate Bench of this Court as mentioned aforesaid, coupled with the fact as petitioner remains in custody since 31.03.2025, accordingly above named petitioner, is directed to be released on bail in connection with Raxaul P.S. Case No. 137 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Raxaul, East Champaran at Motihari, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T