Uday Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24221 of 2023 Arising Out of PS. Case No.-353 Year-2009 Thana- BIDUPUR District- Vaishali ====================================================== Uday Kumar Sah S/O Late Raj Kumar Sah Resident Of Village- Singhara Ramraj, P.S.- Mahua, District- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 366A, 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they abducted daughter of the informant for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence and there is inordinate delay of about one month in lodging the FIR. No specific allegation of physical misbehave

Patna High Court CR. MISC. No.24221 of 2023(3) dt.02-08-2023 2/2 and physical assault levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 22683 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 19.01.2023.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 353 of 2009 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,-Ist Class, Hajpur, Vaishali. (Sunil Kumar Panwar, J) Manishkumar/- U T