Anand Lal Sah @ Anand Lal Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83475 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Anand Lal Sah @ Anand Lal Gupta Son of Satyanarayan Sahu @ Satyanarayan Sah Resident of Mohalla-Ward No. 10, Madhepur, P.S.- Madhepur, Dist. Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 84485 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Shyam Lal Sah Son of Satyanarayan Sahu @ Satyanarayan Sah MohallaWard No.10, Madhepur, P.S- Madhepur, Dist. -Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 83475 of 2024) For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Adv.
Mr.Vijay Anand For the Opposite Party/s :
Mr.Choubey Jawahar (In CRIMINAL MISCELLANEOUS No. 84485 of 2024) For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Adv.
Mr.Vijay Anand For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2025
1. Since both these regular bail applications arise out of Madhepur Police Station Case No. 279 of 2023, with the consent of the parties, both these applications are heard together.
2. Heard learned Senior Counsel for the petitioners and
2/4 learned Additional Public Prosecutor for the State.
3. The petitioners seek regular bail in connection with Madhepur Police Station Case No. 279 of 2023, dated 05.11.2023, registered for the offences punishable under Sections 341/323/385/506/120-B of the Indian Penal Code. Later on, Sections 420/467/468/120-B of the Indian Penal Code was added.
4. The prosecution case, as per the First Information Report, is that on 03.11.2023, at about 8:00 P.M., the neighbour of the informant, namely, Shiv Shankar Panjiyar @ Chedi Panjiyar, came at the house of the informant and told the husband of the informant that Devkant Singh and Sanjay Singh were calling him for some necessary talk, upon which the husband of the informant went along with Shiv Shankar Panjiyar and when he did not return after two hours, the informant tried to talk to him on his mobile, but his mobile phone was switched off. The informant raised suspicion that Sanjay Singh, Devkant Singh and Shiv Shankar Panjiyar had kidnapped her husband under criminal conspiracy inasmuch as few days ago, Devkant Singh and Sanjay Singh had demanded extortion from her husband and threatened him of dire consequences.
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5. Learned Senior Counsel for the petitioner submits that in course of investigation, the husband of the petitioner was recovered and the prosecution came to the conclusion that the present case has been filed on the advice of the petitioner Anand Lal Gupta @ Anand Lal Sahu. He further submits that the petitioners are not the informant of the case. He further submits that no offence under Sections 420/467/468/120-B of the Indian Penal Code is made out against the petitioners. He next submits that petitioners are in custody since 29.07.2024 and charge sheet has been submitted against them and as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence.
6. Regards being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that the petitioners are not the informant of the case, the petitioners are in custody since 29.07.2024 and charge-sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
7. These applications are, accordingly, allowed.
8. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
4/4 two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Jhanjharpur, in connection with Madhepur Police Station Case No. 279 of 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √