Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61382 of 2025 Arising Out of PS. Case No.-20 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Shambhu Kumar S/O Shrichand Prasad @ Shrichand Saw Village- Telhara, Police Station- Telhara, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 365 of the Indian Penal Code and later on Section 364A IPC has been added on 11.01.2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her son was returning from Ranchi to Biharsharif by bus, but did not reach home, after search she came to know that her son has been kidnapped by unknown accused persons near Ram Chandrapur bus stand.

4. Learned counsel for the petitioner submits that the FIR was against unknown and the police during the course of

Patna High Court CR. MISC. No.61382 of 2025(2) dt.29-08-2025 2/3 investigation recovered the victim and also arrested Putus and Prince. It is next submitted that Putus is brother of Pappu Kumar @ Lallu and in his confessional statement he disclosed the name of the petitioner also as one of the accused who was involved in kidnapping of the victim along with his brother Pappu. It is next submitted that name of the petitioner transpired in the confessional statement of Putus in police custody which does not have any evidentiary value. It is next submitted that Putus has been granted the privilege of regular bail by the learned Trial Court. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Laheri

Patna High Court CR. MISC. No.61382 of 2025(2) dt.29-08-2025 3/3 P.S. Case No. 20 of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. One of the bailors of the petitioner shall be his father namely Shrichand Prasad @ Shrichand Saw.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T