Dhananjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44721 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== DHANANJAY SAH S/O KAMAKHYA SAH @ KAMEKSHA SAH R/O Village- Pachrukhiya, P.S- Ramnagar, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 364, 365, 120B/34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner came at her home and took away her husband along with him but her husband did not return till late night. Thereafter, she went to the home of the petitioner and asked about her husband then the petitioner told that he left her husband in the market and he has no knowledge about him. Then informant raised suspicion that the petitioner and coaccused persons abducted her husband who is as yet traceless.

Patna High Court CR. MISC. No.44721 of 2023(4) dt.18-10-2023 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion and previous disputes. It is a case of last scene and the informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. During investigation, no consistent material has been collected about the complicity of the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc No. 26514 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 04.11.2022.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 298 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.44721 of 2023(4) dt.18-10-2023 3/3 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha West Champaran.

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