Dilip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66645 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Dilip Sahani S/O Late Gonaur Sahani R/O Village- Laxminiya, P.SShyampur Bhatha, Dist.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Shyampur Bhatha P.S. Case No. 104 of 2023 registered for the offences punishable under Sections 386/34 of the Indian Penal Code.

3. As per prosecution case, informant received a call from unknown mobile number 7995074060 and rupees one lakh was demanded as ransom and it was said that if the demand of ransom was not fulfilled, the informant would be killed.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in this case upon the confessional statement of co-

Patna High Court CR. MISC. No.66645 of 2024(3) dt.04-10-2024 2/3 accused Parash Thakur @ Paras Thakur. Except confessional statement of said co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. Learned counsel orally submits that said mobile number does not stand in the name of the petitioner. Petitioner has been falsely implicated in the present case just because he has criminal antecedent of four cases, in which he is on bail. Petitioner is in custody since 20.09.2023. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that coaccused Parash Thakur @ Paras Thakur has already been granted bail by this court vide Cr. Misc. No. 5181 of 2024 and case of present petitioner stands on better footing as he has not in any way connected with the mobile number in question.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.66645 of 2024(3) dt.04-10-2024 3/3 of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Sheohar in connection with Shyampur Bhatha P.S. Case No. 104 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T