Sheikh Abdulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15262 of 2023 Arising Out of PS. Case No.-1005 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Sheikh Abdulla S/O Sheikh Haroon Resident Of Village- Baithania, Ward No.- 06, P.S.- Majhaulia District- West Champaran 2.

Sheikh Sonu S/O Sheikh Mokhtar Resident Of Village- Baithania, Ward No.- 06, P.S.- Majhaulia District- West Champaran 3.

Laxman Paswan S/O Mahanth Paswan Resident Of Village- Baithania, Ward No.- 06, P.S.- Majhaulia District- West Champaran 4.

Mainul Ahmad S/O Sheikh Chhangur Resident Of Village- Bakhari Madarsa, Ward No.- 04, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 364, 365/34 of the Indian Penal Code.

As per F.I.R., the allegation against the petitioners is of kidnapping the son of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. During investigation, no consistent evidence has come against the petitioners to show their complicity. No motive has been shown behind the abduction by

Patna High Court CR. MISC. No.15262 of 2023(3) dt.23-06-2023 2/2 the petitioners. In fact, Chandan Kumar, informant's son is himself a man of dubious character and he had cheated to several persons and taken huge amount of rupees on the pretext of land and apart from the same, a case of Negotiable Instrument Act is pending against him for cheating and misappropriating an amount. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 12.12.2022. 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 period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Majhaulia P.S. Case No. 1005 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah.

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