Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81283 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Subodh Kumar Son of Naresh Ravidas R/O Vill.- Sekho Deora, P.S.- Kauakol, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sasaram P.S. Case No. 105 of 2024 instituted for the offence under Section 143 of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, the informant alleged that while conducting a check in the Chennai Express, found minor children along with one Md. Taslim traveling and upon query, they confessed that they have been taken for labour work. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-07-2024. Petitioner bears no criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.81283 of 2024(4) dt.08-04-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that children were travelling with the petitioner with consent of their parents. It is next submitted that nothing incriminating article has been recovered from the possession of the petitioner. Charge sheet is submitted in this case. Other similarly situated co-accused have been granted bail by a Co-ordinate Bench of this Court vide orders dates 02-122024 & 06-03-2025, passed in Cr. Misc. No. 82275 of 2024 & Cr. Misc. No. 1784 of 2025, respectively.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, 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 Sasaram P.S. Case No. 105 of 2024, subject to the following

Patna High Court CR. MISC. No.81283 of 2024(4) dt.08-04-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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