Patna High CourtCR. MISC./12880/2021bail granted

Kalpu Sahni v. The State Of Bihar

2022-02-24Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12880 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== KALPU SAHNI SON OF NEMU CHAND SAHNI Resident of Village - Kurhar, P.O.- Dhadhi, P.S.- Nanpur, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sita Ram Prasad For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2022 Heard Mr. Sitaram Prasad, learned Advocate for the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Nanpur P. S. Case No. 104 of 2020, dated 05.04.2020, instituted for the offences under Sections 341, 323, 353, 224, 504 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.12880 of 2021(3) dt.24-02-2022 2/3 Peculiar facts have been stated in the F.I.R. by the informant who is a Chaukidar. The informant on being told that one person has been kept captive in a village as he was carrying liquor, he went to the aforesaid village and wanted to take the aforesaid person (the petitioner) to the nearest police station. While he was accompanying him, the petitioner was rescued by some of his associates. The informant does not seem to have informed the police station for taking the petitioner into custody. It appears that a false accusation has been made perhaps to cover up certain other facts which do not appear to be clear from the averments made in the F.I.R.

For the nature of accusation against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Nanpur P. S. Case

Patna High Court CR. MISC. No.12880 of 2021(3) dt.24-02-2022 3/3 No. 104 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T