Patna High CourtCR. MISC./43096/2023bail granted

Sudhanshu Upadhyay v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43096 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Sudhanshu Upadhyay S/O- Late Sanjay Upadhyay Village- Tulsi PsJagdishpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Agiaon (G) P.S. Case No. 56 of 2023 dated 11.04.02023 registered for the offence punishable u/s 363 and 366 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor grand-daughter of the informant. It is further alleged that a laptop, Rs. 10,000/- and jewellry worth Rs. 4,71,344 were

Patna High Court CR. MISC. No.43096 of 2023(2) dt.20-07-2023 2/2 missing from the house of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There was love affair between the parties. The petitioner is accused in one more criminal case antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Aara in connection with Agiaon (G) P.S. Case No. 56 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T