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Patna High CourtCR. MISC./56094/2023allowed

Bana Sah @ Shiv Shankar Sah v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56094 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Bana Sah @ Shiv Shankar Sah Son Of Mahendra Prasad Sah @ Mahendra Sah R/O-Mirjanhat Warsaliganj Road, P.S.-Mojahidpur, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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 383, 384, 385, 364, 406, 379, 342, 354(b), 504, 506, 509/34 of the Indian Penal Code and sections 27 of the Arms Act.

3. It is a case of abduction on pistol point of informant's husband and further make a call to the informant for demanding ransom of Rs. Two lac fifty thousand. It is further alleged that accused has given life threatening if the demand has not met out.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant's husband was recovered and his statement was

Patna High Court CR. MISC. No.56094 of 2023(4) dt.29-01-2024 2/2 recorded u/s 164 Cr.P.C. and he has made specific allegation of abduction against accused Fantus Tanti. No ransom demand was executed. Neither the petitioner has abducted the victim nor he has made any ransom call. During investigation, no consistant material has come against the petitioner to show his complicity in the present case. Petitioner has got no criminal antecedent and languishing in judicial custody since 23.4.2023.

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, Bhagalpur in connection with Ishak Chak P.S. Case No. 67 of 2023.

(Sunil Kumar Panwar, J) sushma/- U