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Patna High CourtCR. MISC./26885/2021bail granted

Sanjay Chandravanshi v. The State Of Bihar

2021-11-22Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26885 of 2021 Arising Out of PS. Case No.-266 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== SANJAY CHANDRAVANSHI SON OF GUCHU CHANDRAVANSHI @ RAMBACHAN RAM R/O VILLAGE- BILASPUR, P.S.- HAIDARNAGAR, DISTRICT- PALAMU (JHARKHAND).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 366A and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant Khushboo Kumari as also her friend Shivani Kumari disappeared and it is further stated that on enquiry, it transpired that the four named accused persons including the petitioner herein had a hand in taking them to Delhi.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case which would be evident from perusal of the statements under section 164 Cr.P.C. of Khushboo Kumari and Shivani Singh which have

Patna High Court CR. MISC. No.26885 of 2021(3) dt.22-11-2021 2/3 been brought on record as Annexure-2 series to the petition. Referring to the contents thereof, it is submitted that Khushboo Kumari in her statement states that she was taken to Delhi by Shivani. Shivani Singh in her statement under section 164 Cr.P.C. states that she had come in contact with Sanjeet Kumar on phone who called her to Delhi. The cause of false implication of the petitioner is that he happens to be the brother-in-law of the accused Sanjeet Kumar. No overt act has been alleged against him. The petitioner is in custody since 20.12.2020 and has no criminal antecedent. It is further submitted that coaccused Amit Chandravanshi who has named in the statement of both Khushboo Kumari and Shivani Singh has been enlarged on bail vide order dated 3.9.2021 passed in Cr. Misc. no.33470 of 2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the statement under section 164 Cr.P.C. together with grant of bail to the above co-accused namely, Amit Chandravanshi, the Court directs the petitioner to be enlarged on bail in connection with Nabinagar P.S. Case no.266 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.26885 of 2021(3) dt.22-11-2021 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad.

(Partha Sarthy, J) Saurabh/- U T