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Patna High CourtCR. MISC./26603/2023allowed

Osiyar Sahani v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26603 of 2023 Arising Out of PS. Case No.-273 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== OSIYAR SAHANI Son of Rameshwar Sahani R/V- Badaharava Kala Purvi, PS- Kotwa Dist- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 384, 387, 120(B) and 506 of the Indian Penal Code.

Prosecution case relates to demand of ransom of Rs. Five lac by mobile number 8091490769 to the informant's mobile with a threatening to be murdered if not fulfilled. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR rather FIR has been lodged against user of Mobile No. 8091490769 but the said mobile is not in the name of the petitioner. He has no concern either with the mobile

Patna High Court CR. MISC. No.26603 of 2023(2) dt.23-05-2023 2/2 or with the caller. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 7.12.2022 passed in Cr. Misc. No. 45088 of 2022. Petitioner is languishing in judicial custody since 20.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No. 273 of 2021.

(Sunil Kumar Panwar, J) sushma/- U