The Patna High Court granted bail to the petitioner, an old man alleged to be falsely implicated in an abduction case, directing him to furnish a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16225 of 2023
Arising Out of PS. Case No.-224 Year-2022 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Baidyanth Sahni @ Baijnath Sahni Son of Late Mirchai Sahni R/v- Sanathih Dih, P.S.- Bochahan, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Lakshmi Kant Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 25-07-2023
Heard learned counsel for the petitioner and learned
APP for the State .
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
As per prosecution case, the allegation against the accused persons including the petitioner is of abduction of the informant’s daughter.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. The specific allegation is against co-accused Manish Kumar who was earlier misbehaved with the daughter of the informant and in that connection Bochhan P.S. Case No. 306/19 was lodged in which
Patna High Court CR. MISC. No.16225 of 2023(4) dt.25-07-2023 2/2
Manish was sent to jail. As per statement of the victim girl recorded u/s 164 of Cr.P.C. in para-25 of the case diary, she has not stated about any physical assault and physical misbehave against the petitioner. The petitioner is an old man and having no specific role in the entire incident. Moreover, the petitioner is languishing in judicial custody since 24.11.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bochahan P.S. Case No. 224 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Class, Muzaffarpur.
(Sunil Kumar Panwar, J)
lata/- U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case involving offences under Sections 363, 366(A)/34 of the IPC.
Baidyanth Sahni
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
