Patna High CourtCR. MISC./82593/2024bail granted

Tulshi Kumar v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82593 of 2024 Arising Out of PS. Case No.-297 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Tulshi Kumar S/O Krishna Prasad @ Krishan Mahto R/O Vill.- Jorapur, P.SDeep Nagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laheri P.S. Case No. 297/2021 dated 15.07.2021 registered for the offence punishable u/ss 363 and 365 of the Indian Penal Code.

3. As per the prosecution case, unknown persons are alleged to have kidnapped the brother of the informant and one Nitish Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused, Rajesh Kumar. The victims in their statement recorded

Patna High Court CR. MISC. No.82593 of 2024(2) dt.04-12-2024 2/2 u/s 164 of the Cr.P.C has not stated the name of the petitioner in the crime alleged. The petitioner is the brother of the co-accused Rajesh Kumar. The petitioner is the registered owner of the seized vehicle in question. Similarly situated co-accused has already been granted anticipatory bail by this this court vide order dated 19.03.2024 passed in Cr. Misc. No. 16080 of 2024. The petitioner has three criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda, Bihar Sharif in connection with Laheri P.S. Case No. 297/2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T