Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53165 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- Shahpur P.S. District- Nawada ====================================================== Kunal Kumar Son of Ashwini Mahto Village -Parvati Ps- Shahpur DistrictNawada ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr. Ritwik Thakur, Adv.
Ms.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 99 of 2024 dated 05.10.2024 registered for the offences punishable under Sections 137(2) and 87 of B.N.S.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.53165 of 2025(2) dt.01-11-2025 2/3 possession of the petitioner. It is further submitted that the victim is not traceless. The victim in her statement recorded u/s 183 of the B.N.S.S. has not made any allegation of sexual assault. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit intercourse with another person. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 07.05.2025 passed in Cr. Misc. No. 26125/2025. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 09.06.2025.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Shahpur P.S. Case No. 99 of 2024, with the condition:- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.53165 of 2025(2) dt.01-11-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T