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Patna High CourtCR. MISC./16225/2023allowed

Baidyanth Sahni @ Baijnath Sahni v. The State Of Bihar

2023-07-25Mr. Justice Sunil Kumar Panwar2 pages

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 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