Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67675 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== 1.
Munna Kumar S/o Anil Kumar Ram R/o Village - Kalyanpur Dih, P.S - Athmalgola, District - Patna 2.
Monu Kumar S/o Late Vijendra Prasad @ Bijendra Ram R/o Village - Kalyanpur Dih, P.S - Athmalgola, District - Patna 3.
Chhotu Kumar S/o Ram Valli Ram R/o Village - Kalyanpur Dih, P.S - Athmalgola, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the State :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2025 Heard the parties.
2. The petitioners are in custody in connection with Tetarhat P.S. Case No. 98 of 2024 for the offence punishable under sections 364(A), 120(B) and 34 of the Indian Penal Code, lodged on 25.05.2024 by the informant, Md. Iliyash.
3. As per the prosecution story, the informant alleged that Deepak Kumar received a call from the X number for booking of the D.J. whereafter, Deepak Kumar alongwith son of the informant, Md. Mustafa went to the place, after some time. Deepak Kumar returned alleging that the person who had made a call for booking D.J. was sitting in the Baleno Car forcibly took them inside and assaulted. He anyhow managed to escape
2/4 but Md. Mustafa has been taken away. Later, through another mobile number Y a ransom of Rs. 15,00,000/- was made. Deepak Kumar was taken to Sadar Hospital, Lakhisarai. FIR was lodged.
4. Subsequenlty, the Police acted swiftly and moving on the mobile numbers that were part of the record from which calls were made, culprits apprehended, Md. Mustafa rescued and the accused were arrested.
5. Learned counsel for the petitioners submit that they had already suffered and one of the co-accused Shravan Kumar whose bail was rejected in Cr. Misc. No. 58396 of 2024 on 25.11.2024. Subsequently, moved before the Hon'ble Apex Court in S.L.A. (CRL.) No. 3556 of 2025 and relief has been granted on the ground that the trial is not likely to be taken up/concluded. This order is dated 24.07.2025. He further submits that the petitioner's case is/are on the same footing.
6. Learned APP though opposes the prayer for bail concede that both the petitioners and Shravan are on the same footing.
7. Considering the submissions of the parties as also the fact that the petitioners have already remained in custody for more than a year, in that background, this Court is inclined to
3/4 extend them the privilege of bail with conditions.
8. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge-2nd Lakhisarai, in connection with Tetarhat P.S. Case No. 98 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for six months to mark their attendance and at the end of the period a report be submitted before the Trial Court;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) vinayak/- U T