Amresh Sah @ Amaresh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36566 of 2023 Arising Out of PS. Case No.-168 Year-2016 Thana- SHEOHAR District- Sheohar ====================================================== Amresh Sah @ Amaresh Kumar Sah S/O Mukha Lal Sah @ Mukha Sah R/O Village- Sugiya Katsari, P.S- Sheohar, Distt.- Sheohar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Earlier the petitioner was granted bail but due to miscommunication his bail bond was cancelled by the Court below on 23.09.2022 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 365, 366, 366A/34 of the Indian Penal Code and Section 4 of the POCSO Act.

As per FIR., the allegation against the accused persons including this petitioner is that they abducted daughter of the informant due to 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 due to previous enmity.

Patna High Court CR. MISC. No.36566 of 2023(2) dt.03-07-2023 2/2 There is no specific allegation of abduction attributed against the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. It is further submitted that neither the victim nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 29.01.2023.

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 Sheohar P.S. Case No. 168 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I-cum Special Judge, Sheohar.

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