Patna High CourtCR. MISC./26242/2017allowed

Subham Kumar Sah @ Shubham v. The State Of Bihar

2017-07-01Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26242 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Subham Kumar Sah @ Shubham Son of Anil Sah, Resident of MohallaMufti, P.S.- Town, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durga Nand Jha, Adv For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

Petitioner, who happens to be known to the informant, directed him to occupy rear seat of his motorcycle which he was driving. On that very moment, one another person, namely, Bajrangi came and inquired from petitioner whether he wants to have dagger. In the aforesaid background, the informant jumped from the motorcycle whereupon, petitioner was also apprehended along with motorcycle. Informant suspected that he was being kidnapped by the petitioner.

Apart from this, from the order impugned, it is evident that compromise petition was filed before the learned lower court. However, the same was rejected being offence of non-compoundable. Perceiving the allegation attributed by the

Patna High Court Cr.Misc. No.26242 of 2017 (2) dt.01-07-2017 informant which was not based upon any authentic approach at the end of petitioner in order to facilitate the act of kidnapping inconsonance with absence of criminal antecedent as well as being under custody since 20.04.2017, petitioner, Subham Kumar Sah @ Shubham is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in Town PS Case No. 66/2017.

(Aditya Kumar Trivedi, J) perwez U T