Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75074 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Umesh Sahni Son Of Late Jagarnath Sahni R/V- Dhumnagar, P.S- Baruraj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Saraiya P.S. Case No. 116 of 2021 registered under sections 366(A) and 34 of the Indian Penal Code.

Allegation against the co-accused, namely, Chandan Kumar along with this petitioner and other is that they kidnapped the daughter of the informant on pistol point and fled from the motorcycle, when she went to purchase vegetables. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that the petitioner is the uncle of the co-accused Chandan Kumar and having no concern with the affairs of

Patna High Court CR. MISC. No.75074 of 2022(2) dt.24-03-2023 2/2 Chandan's family as he has been living separately since long ago. The specific allegation of this alleged occurrence is against coaccused Chandan Kumar not against this petitioner. He has no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 09.02.2022. Similarly situated other co-accused person has already been granted bail by the co-ordinate Bench of this Court which is annexed as Annexure-2 of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case No. 116 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.IV, (West) Muzaffarpur. (Sunil Kumar Panwar, J) shubham/- U T