← Library
Patna High CourtCR. MISC./38225/2023allowed

Sunil Kumar Das v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38225 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- SONO District- Jamui ====================================================== SUNIL KUMAR DAS S/O LATE SAHDEO DAS R/O Village- Asrahuwa, PS. Sono, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 363 and 365 of the Indian Penal Code .

3. It is a case of abduction of the informant's son for demand of ransom.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. From CDR of mobile phone does not suggest the involvement of the petitioner. Petitioner is not named in the FIR. Statement of the victim boy was recorded u/s 164 Cr.P.C. in which he has taken the name of the petitioner only because of previous enmity. Petitioner has not been put on TIP for his identification. No

Patna High Court CR. MISC. No.38225 of 2023(4) dt.07-11-2023 2/2 tangible evidence is brought on record to suggest that informant has fulfilled ransom demand. During investigation, no consistent material has come against the petitioner to show his complicity in the present case. Petitioner is languishing in judicial custody since 8.3.2023.

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

6. 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, Jamui in connection with Sono P.S. Case No. 36 of 2023. (Sunil Kumar Panwar, J) sushma/- U