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Patna High CourtCR. MISC./69408/2025allowed

Chhotu Kumar @ Chhotu Kumar Sahni v. The State Of Bihar

2025-09-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69408 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- HASANPUR District- Samastipur ====================================================== Chhotu Kumar @ Chhotu Kumar Sahni S/o Dilip Sahni @ Dileep Kumar Sahni R/o Village- Sarhachiya, PS- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2), 96 and 3(5) of the BNS.

3. The case of the prosecution is that the petitioner along with others has kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the date of occurrence is 21.05.2025 whereas the FIR has been lodged on 12.06.2025; after 21 days which is not explained. Learned counsel for the petitioner has submitted that during course of investigation the victim has been recovered and she has given her statement under Section 164 of the Cr.P.C.; learned trial court has also recorded the same parts of her

Patna High Court CR. MISC. No.69408 of 2025(2) dt.25-09-2025 2/2 statement in its order. The learned trial court has recorded that in the statement of victim she has clearly stated that she went to Patna with the petitioner and after catching train, she went to Delhi and from Delhi she went to Sonipat by bus. Learned counsel has submitted that this statement of the victim exonerates the petitioner from the offence. Learned counsel has also submitted that the petitioner is a man of clean antecedent and is in judicial custody since 23.07.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hasanpur P.S. Case No. 107 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Rosera, Samastipur. (Ashok Kumar Pandey, J) Durgesh/- U T