Patna High Court – Orders
Satyanarayan Sahu @ Satyanarayan Sah @ … vs The State Of Bihar on 17 December, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67751 of 2024
Arising Out of PS. Case No.-279 Year-2023 Thana- MADHEPUR District- Madhubani
======================================================
1. Satyanarayan Sahu @ Satyanarayan Sah @ Satyana Sah Son of Late Raghu-
nath Sahu R/o Mohalla- New Bus Stand, Ward No.10, Madhepur, P.S.- Mad-
hepur, Dist.- Madhubani
2. Ramlal Sahu Son of Ramvilash Sahu R/o Ward No.12, Sarauni, Madhepur,
P.S.- Madhepur, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 68438 of 2024
Arising Out of PS. Case No.-279 Year-2023 Thana- MADHEPUR District- Madhubani
======================================================
Vivek Kumar Sah @ Vivek Kumar @ Vivek Kumar Gupta S/o- Ram Sograt
Sah Resident of Village- Madhepur, Ward No 14 P.S. School Madhepur, Dis-
trict- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 67751 of 2024)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr.Vijay Anand
For the Opposite Party/s : Mr.Md. Matloob Rab
(In CRIMINAL MISCELLANEOUS No. 68438 of 2024)
For the Petitioner/s : Mr.Anju Mishra
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 17-12-2024
1. Heard the parties.
2. Since both the aforesaid applications arise out of the same
Madhepur P.S. Case No. 279 of 2023, as such, both are taken up
together and are being disposed by this common order.
Patna High Court CR. MISC. No.67751 of 2024(3) dt.17-12-2024
2/4
3. The petitioners apprehends their arrest in connection with
Madhepur P.S. Case No. 279 of 2023 registered under Sections
341 / 323 / 385 / 506 / 120 (B) of the I.P.C. later on Section
420 / 467 / 468 / 120(B) of the I.P.C. added.
4. As per the prosecution story on 03.11.2023 in the evening
at about 8:00 P.M. the neighbour of the informant Shiv Shankar
Panjiyar @ Chhedi Panjiyar came at the house of the informant
and told the husband of the informant Shyamlal Sahu that
Devkant Singh and Sanjay Singh were calling him near the
medical shop of Shiv Kumar at Sanghat Chowk for some
necessary talk. Thereafter, her husband came out of his house
and went along with Shiv Shankar Panjiyar at Sangat Chowk.
When he did not return after two hours, then the informant tried
to talk with him on his mobile but his mobile phone was
switched off. The informant has raised suspicion that Sanjay
Singh, Devkant Singh and Shiv Shankar Panjiyar kidnapped her
husband under criminal conspiracy inasmuch as a few days ago
Devkant Singh and Sanjay Singh had demanded extortion from
her husband and threatened him of dire consequences.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they have falsely been implicated in
this case. The petitioners are not named in the F.I.R. The name
Patna High Court CR. MISC. No.67751 of 2024(3) dt.17-12-2024
3/4
of the petitioners of Cr. Misc. No. 67751 / 2024 has transpired
in this case during the course of investigation inasmuch as it has
come during investigation that they used to talk with the victim
on mobile. The petitioner no. 1 in Cr. Misc. No. 67751 of 2024
is the father of the victim whereas, the petitioner no. 2 is the
staff of the petitioner no. 1. The informant, who is the daughter-
in-law of the petitioner no. 1 of Cr. Misc. No. 67751 / 2024 has
lodged the F.I.R. regarding kidnapping of her husband under a
criminal conspiracy to protect / shield her husband from prose-
cution in Madhepur P.S. Case No. 273 / 2023 related to illegal
transactions done by him in public distribution system, black
marketing of rice etc. and after investigation the informant of
the instant case was also implicated and Sections 420 / 467 /
468 / 120B of the I.P.C. was added vide order dated 06.07.2024
of the learned A.C.J.M. III, Jhanjharpur. However, during the
course of investigation the husband of the informant was recov-
ered and the prosecution came to conclusion that the present
case has been filed on the advice of informant’s “bhaisur”
namely, Anand Lal Gupta @ Anand Lal Sahu. He further sub-
mits that informant has filed the case at the instance of her
“bhaisur”- Anand Lal Gupta in order to create defence in favour
of her husband, who is a P.D.S. Dealer and accused in
Patna High Court CR. MISC. No.67751 of 2024(3) dt.17-12-2024
4/4
Madhepur P.S. Case No. 273 of 2023 registered under Sections
406, 420, 201, 120(B) of the I.P.C. and Section 7 of the E.C.
Act. He next submits that anticipatory bail application of Rubi
Kumari @ Rubi Devi, who is the informant of this case, has
been rejected by this Court in Cr. Misc. No. 79879 of 2024.
6. Regard being had to the submissions made by the parties,
taking into consideration the nature of allegation in totality and
the fact that anticipatory bail application of the informant of the
present case has been rejected by this Court in Cr. Misc. No.
79879 of 2024 , as such, I am inclined to grant anticipatory bail
to the petitioners.
7. Let the petitioners, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court be-
low within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. IIIrd, Jhanjharpur / concerned court in connection with
Madhepur P.S. Case No. 279 of 2023 subject to the condition as
laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J)
praful/-
U T