Subhash Sahani @ Prakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75778 of 2023 Arising Out of PS. Case No.-191 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== Subhash Sahani @ Prabhash Sahani Son Of Jai Narayan Sahani Resident Of Village - Kothiya, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. Learned counsel for the petitioner is directed to make necessary correction in cause title (petitioner's name) during the course of the day.

4. The petitioner is apprehending his arrest in connection with Madhuban P.S Case No. 191 of 2020 dated 21.06.2020 registered for the offence punishable u/ss 435, 387, 504, 506 read with 34 of the Indian Penal

Patna High Court CR. MISC. No.75778 of 2023(2) dt.13-12-2023 2/3 Code.

5. As per the prosecution case, the petitioner and the other accused persons are alleged to have demanded Rs. 50,000/- as ransom from the informant and on refusal, they assaulted him and set his car on fire.

6. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the there is no specific allegation of demand of ransom and ablazing the said vehicle. Learned counsel has further submitted that the parties are gotia and there is a land dispute between them. It is further submitted that there is a delay of 3 days in lodging the F.I.R and there is no explanation for the same. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

7. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

8. Considering the aforesaid facts and circumstances of the case, let the above named

Patna High Court CR. MISC. No.75778 of 2023(2) dt.13-12-2023 3/3 petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran in connection with Madhuban P.S. Case No. 191 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

9. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T