Sudhir Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2242 of 2023 Arising Out of PS. Case No.-328 Year-2021 Thana- SIRDALA District- Nawada ====================================================== SUDHIR RAJBANSHI S/O KAISAR RAJBANSHI @ GHUMRA Resident of village- Lodhway, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 504, 364 of the Indian Penal Code and Section 3/4 of the Prevention of Witch Practices Act.

As per prosecution case, allegation against the petitioner along with co-accused persons is to kidnap four female from informant's house alleged to practicing witchcraft, in order to murder.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it appears that the offence has not been committed and it was in

Patna High Court CR. MISC. No.2242 of 2023(2) dt.28-03-2023 2/2 preparatory stage. It is further submitted that there is no specific allegation has been made against the petitioner. Moreover, similarly situated co-accused namely, Vindeshwar Prasad Yadav has already been granted bail by a co-ordinate Bench of this Court vide order 5.7.2022 passed in Cr. Misc. No. 10035 of 2022. The petitioner has got no criminal antecedent and languishing in judicial custody since 25.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sirdala (Meskaur) P.S. Case No. 328 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T