Bikash Kumar Sah @ Bikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85891 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- TERHAGACHH District- Kishanganj ====================================================== Bikash Kumar Sah @ Bikash Son Of Satyanarayan Sah @ Munna Saha R/O Village- Baluwa Jagir, P.S.- Tedhagachh, Dist.- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 387, 385, 327/34 of the Indian Penal Code.
3. As per prosecution case, allegation against the petitioner is that he along with co-accused persons assaulted the informant and demanded ransom money of Rs. 3 lac for vacating the land in question.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present case is lodged over a land dispute. It is submitted vide para 7 & 8 of the petition that the petitioner was having possession over the land before the sale deed has been executed in favour of the
Patna High Court CR. MISC. No.85891 of 2023(2) dt.11-01-2024 2/2 informant due to which the petitioner has been made an accused in this case. The FIR has also been lodged by the informant after undue delay of 63 days from the date of occurrence. Moreover, the petitioner is languishing in judicial custody since 19.8.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Terhagachh P.S. Case No. 54 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kishanganj. (Sunil Kumar Panwar, J) Amandeep/- U T