Banarsi Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35537 of 2021 Arising Out of PS. Case No.-975 Year-2019 Thana- SAHARSA SADAR District- Saharsa ====================================================== BANARSI RAM Son of Late Chhedni Ram Resident of Mohalla - Simaraha, Ward No. 35, Saharsa, P.S. and District - Saharsa. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection Saharsa Sadar P.S. Case no. 975 of 2019 registered for the offence punishable under sections 363 and 365 of the Indian Penal Code. Learned counsel for the petitioner submits that charge sheet has been submitted under sections 363 and 365/34 of the Indian Penal Code. Learned counsel for the petitioner submits that as per allegation in the FIR, it is alleged by the informant that about six months back, three named accused persons including the petitioner herein as also one Gajendra Ram took
Patna High Court CR. MISC. No.35537 of 2021(2) dt.03-12-2021 2/2 the son of the informant to Maharastra on the pretext of giving employment as a daily wager and thereafter son of the informant did not return. The informant alleges that he has convinced that his son has been sold and has been made to disappear. He further submits that FIR has been instituted after a delay without any plausible explanation and only unfounded suspicion has been raised against the petitioner and further co-accused Gajendra Ram @ Gajend Ram has been granted bail by order dated 4.6.2020 in Cr. Misc. no. 12055/2020 and Yogendra Ram vide order dated 25.8.2020 in Cr. Misc. no. 19950/2020. Learned APP opposes the prayer for bail.
Considering the facts that petitioner is in jail custody since 21.10.2020 and is person with clean antecedent and charge sheet has been submitted and co-accused persons have been granted bail, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. Case no. 975 of 2019.
(Satyavrat Verma, J) s.hassan/- U T