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2025 DAILYLAW 109481 (PAT)

Gulab Kumar v. The State of Bihar

CR. MISC./86412/2025 · 2025-12-17

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86412 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- Sonki District- Darbhanga ====================================================== Gulab Kumar S/o Brajkishor Yadav R/o village- Bela Akub, Post- Kabir Chak, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kanchan Jha, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 17-12-2025 Heard learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(1) and 140(1) of the Bharatiya Nyaya Sanhita, 2023. 3. The case of the prosecution in short is that the son of the informant namely, Rishi Kumar Mandal was kidnapped by unknown miscreants. 4. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation co-accused Abu Sama has given his confessional statement and the name of this petitioner has surfaced in the confessional statement of Abu Sama. It has further been submitted that nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner Patna High Court CR. MISC. No.86412 of 2025(2) dt.17-12-2025 2/2 has further submitted that the petitioner is in judicial custody since 16.08.2025. Learned trial court has recorded that the victim has stated in his statement under Section 180 of the BNSS that he was kidnapped in Aura car but has not named this petitioner. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of one case. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonki P.S. Case No. 115 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Darbhanga. durgesh/- (Ashok Kumar Pandey, J) U T