Shani Kumar @ Sani Kumar @ Mangaru @ Mangru Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76398 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shani Kumar @ Sani Kumar @ Mangaru @ Mangru Rai Son of Jitendra Thakur Resident of Village - Parmalpur, P.S. - Sonhan, District - Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Bihari Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kudra P.S. Case No. 197 of 2024 instituted for the offence under Sections 363, 365/34 of the Indian Penal Code (for brevity 'IPC'). Subsequently Sections 370/120B of the IPC was added. 3.

Prosecution case as emanated from the FIR is that two unknown miscreants abducted the son of the informant aged about 1 1⁄2 years and fled away on a motorcycle. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-07-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.76398 of 2024(2) dt.24-10-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Nitish Kumar, who has been granted bail by this Court vide order dated 22-10-2024, passed in Cr. Misc. No. 74956 of 2024. It is submitted that child was recovered from the house of co-accused, namely, Gudiya Devi @ Puja. It is submitted that petitioner was not put on T.I. Parade. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudra P.S. Case No. 197 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T