Mandip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41949 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Mandip Sah Son Of Mewalal Sah @ Gennalal Sah Vill Hasuaha, PsHarsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 379, 511 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including the petitioner is that they kidnapped brother of the informant due to previous enmity. 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 previous dispute and he has got no criminal antecedent. As per statement of the victim recorded under Section 164 of

Patna High Court CR. MISC. No.41949 of 2023(3) dt.10-08-2023 2/3 the Cr.P.C., which is annexed with case diary, wherein victim stated that he was abducted by the petitioner and his associates but he has not stated in respect of any torture and assaulting against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 21.02.2023.

Learned APP appearing for the state and learned counsel for the informant have 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 Harsidhi P.S. Case No. 520 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari East Champaran.

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

Patna High Court CR. MISC. No.41949 of 2023(3) dt.10-08-2023 3/3