Patna High CourtCR. MISC./74956/2024bail granted

Nitish Kumar Singh @ Bimalesh v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74956 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Nitish Kumar Singh @ Bimalesh Son of Bhanu Pratap Singh Resident of VillRampur, P.S.- Sonhan, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kudra P.S. Case No. 197 of 2024, instituted for the offences punishable under Sections 363, 365/34 of the Indian Penal Code, Sections 370 and 120(B) of the Indian Penal Code were added later on.

3. The prosecution case, in short, is that, two unknown miscreants abducted the son of the informant aged about 11⁄2 years and fled away in a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that the petitioner is not named in the FIR. Name of the

Patna High Court CR. MISC. No.74956 of 2024(2) dt.22-10-2024 2/2 petitioner has transpired in this case on the basis of confessional statement of co-accused Gura Devi and Chintu Prasad and the same has got no evidentiary value. There is no evidence on record to connect the guilt of the petitioner. The petitioner is in custody since 25.07.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees 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) Rajorshi/- U T