Pradeep Prajapati @ Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1784 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Pradeep Prajapati @ Pradeep Kumar S/O Late Tileshwar Prajapati @ Tileshwar Prajapat @ Tileshwar Pandit Resident of Village- Amethi, P.S. Wazirganj, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-03-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with Sasaram Rail P.S. Case No. 105 of 2024 for the offence punishable under Sections 143 B.N.S. & 79 of the J.J. Act lodged on 28.07.2024 by the informant, Chandra Gupta.
3. As per the prosecution story, the informant, a Government Officer, alleged that while conducting a check in the Chennai Express, found minor children along with one Md. Taslim travelling and upon query, they confessed that they have been taken for labour work which led to the FIR.
4. Learned counsel for the petitioner submits that he is a labour, was going to Chennai for serving in a company but was apprehended. He has no criminal antecedent and is in custody since 29.07.2024 (para-4 of the petition). His next
Patna High Court CR. MISC. No.1784 of 2025(2) dt.06-03-2025 2/3 submission is that Md. Taslim @ Taslim has been granted bail in Cr. Misc. No. 82275 of 2024.
5. Learned APP, Mr Jitendra Kumar Singh opposes the prayer submitting that they have been caught in Chennai Express carrying the minor children.
6. Taking into account the submissions of the parties as also his period of custody, he has no criminal antecedent and one of the co-accused, as stated above, has been enlarged on bail, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rail, Sasaran at Rohtas in connection with Sasaram Rail P.S. Case No. 105 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.1784 of 2025(2) dt.06-03-2025 3/3 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T