Chandan Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6457 of 2025

Arising Out of PS. Case No.-800 Year-2024 Thana- MADHEPURA District- Madhepura

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Chandan Kumar Son of Pramod Kumar @ Pramod Yadav Resident of Village-Kamaljari, Ward No.-11, P.S.-Gamharia, District-Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bambahadur Jha, Advocate For the Opposite Party/s : Mr.Shyam Kumar Singh,A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 14-05-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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In the present case, the petitioner seeks bail in connection with Madhepura P.S. Case No. 800 of 2024, registered for the offences under Sections 140(2) of the B.N.S.

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As per the prosecution case, the son of the informant was kidnapped and ransom demand of Rs. 10 lakh was made. The name of the petitioner transpired during investigation for being involved in the kidnapping for ransom.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim boy was recovered within 7-8 hours of the alleged occurrence but his statement was not recorded under Section 183 of the B.N.S.S. which creates

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Patna High Court CR. MISC. No.6457 of 2025(3) dt.14-05-2025 2/4

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doubt over the prosecution case. The petitioners name surfaced in this case in the confessional statement of co-accused Deepak Kumar and subsequently when the statement of the victim boy was recorded, the victim boy also took the name of co-accused Sumit Kumar who was granted bail by a Co-ordinate Bench of this Court vide order dated 25.02.2025 passed in Cr. Misc.No. 80209 of 2024. The case of the petitioner stands on similar footing. Learned counsel further submits that the allegation against petitioner is improbable and from the statement of the victim boy it is evident that the petitioner and he were friends and it further appears that some dispute arose between them and this petitioner was implicated. Learned counsel further submits that it also appears that perhaps the victim boy was himself involved in trying to extract money from his father. The petitioner is in custody since 18.07.2024 and charge sheet has been submitted. The petitioner has got no criminal antecedent.

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Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the petitioner was named by the victim who tried to forcibly take him away with the help of other co-accused persons.

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Having regard to the fact and circumstances and

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Patna High Court CR. MISC. No.6457 of 2025(3) dt.14-05-2025 3/4

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submission made on behalf of the parties and considering the doubtful nature of allegation and also considering the submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura/concerned court, in connection with Madhepura P.S. Case No. 800 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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However, it is made clear that before accepting

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the bail bond of the petitioner, the learned trial court would

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Patna High Court CR. MISC. No.6457 of 2025(3) dt.14-05-2025 4/4

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verify the criminal antecedent of the petitioner and if the petitioner is found having criminal antecedents, his bail bonds would not be accepted.

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(Arun Kumar Jha, J)

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Anuradha/- U T

Chandan Kumar v. The State of Bihar

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Chandan Kumar v. The State of Bihar

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