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Patna High CourtCR. MISC./7480/2025allowed

Shashi Kant Gautam v. The State Of Bihar

2025-02-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7480 of 2025 Arising Out of PS. Case No.-27 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Shashi Kant Gautam S/O Anuj Kumar @ Anuj Kumar Gautam Resident of Village-Mirganj, P.S-Wagirganj, District-Gaya ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Nand Kishore Prasad Sinha, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP.

Mr. Amar Nath Singh, Adv.

Mr. Satya Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 363 of the Indian Penal Code. Later on Section 304/34 of the Indian Penal Code was added.

3. As per the prosecution case, on 10.01.2023, the son of the informant went with his friends without informing the informant and when the informant tried to contact him, he replied to come soon, but he didn't come. The informant received message and call from different mobile number that he would come tomorrow as he went to Rajrappa. Eventually, when he did not come back to home, the informant tried to

Patna High Court CR. MISC. No.7480 of 2025(2) dt.28-02-2025 2/3 contact him, but his phone was found switched off. The informant has suspicion that the petitioner and other coaccused persons have abducted the informant's son, committed murder and thrown his dead body near a well.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Nothing specific has been found against the petitioner during the course of investigation. Similarly situated co-accused has been granted regular bail by this Court vide order dated 30.08.2024 passed in Cr. Misc. No. 61183 of 2024. Learned counsel further submits that petitioner has no criminal antecedent and he has been languishing in custody since 19.11.2024.

5. Learned APP for the State as well as learned counsel for the informant vehemently opposes the prayer for bail.

6. Considering the arguments of the parties as well as the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.7480 of 2025(2) dt.28-02-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Wazirganj P.S. Case No.27 of 2023.

(Anjani Kumar Sharan, J) divyanshi/- U T