Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64974 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== Suman Kumar Son of Shankar Mahto Resident of Village - Kiranpur, P.S.- Lakhisarai, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Ariyari P.S. Case No. 95 of 2025 registered for the alleged offences under Sections 96 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the minor daughter of the informant did not return after she went to attend her classes in the school. Subsequently, the informant came to know that the co-accused Amit Kumar kidnapped the daughter of the informant. When the informant went to the house of the coaccused, his family members including this petitioner abused and assaulted the informant.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64974 of 2025(2) dt.17-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner is the brother-in-law of co-accused Amit Kumar and in order to put pressure upon him, the petitioner has been made accused in this case. Learned counsel further submits that there is inordinate delay in lodging the FIR as the occurrence stated to have taken place on 08.07.2025 but the FIR was lodged on 12.07.2025 without any satisfactory explanation. The petitioner stays 70 kilometers away from the place of occurrence and he has no concern with the said occurrence. The petitioner has been working as a compounder and he is also appearing in competitive examinations. The petitioner has got no criminal antecedent and he is in custody since 29.07.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against the petitioner and also considering the fact that thrust of allegation is against co-accused and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.64974 of 2025(2) dt.17-09-2025 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura/court concerned in connection with Ariyari P.S. Case No. 95 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T