Patna High CourtCR. MISC./58701/2023allowed

Bhushan Rai @ Bhusan Rai v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58701 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- SONEPUR District- Saran ====================================================== Bhushan Rai @ Bhusan Rai S/O Jaddu Rai R/O Village/Mohalla- Bishunpur, Vishutpur, Ps. Raghopur, Dist. Vaishali, Bihar, Permanent R/O Locality-Duli Ghat Diwan Mohalla- Vtc, Patna City, Ps. Patna City Chowk, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 sections 363, 366(A) and 34 of the Indian Penal Code.

3. Allegation against the co-accused persons along with this petitioner is that they abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is delay of 12 days in lodging the FIR. Nothing specific allegation has been attributed against the petitioner and also he has not committed any

Patna High Court CR. MISC. No.58701 of 2023(2) dt.08-09-2023 2/2 physical misbehave or assault with the informant's daughter. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Sonepur P.S. Case No. 398 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 C.J.M., Saran at Chhapra.

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