Lakshman Rao @ Lakshaman Kumar Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18313 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- DHANAHA District- West Champaran ====================================================== 1.
Lakshman Rao @ Lakshaman Kumar Rao S/O Late Surendra Rao R/O Vill.- Dhanha, P.S.- Dhanha, Dist.- West Champaran.
2.
Mritunjay Rao @ Mritunjay Kumar Rao S/O Late Dhrup Narayan Rao R/O Vill.- Dhanha, P.S.- Dhanha, Dist.- West Champaran. 3.
Ajay Rao @ Nikku Rao @ Ajay Kumar Rao S/O Late Dhrup Narayan Rao R/O Vill.- Dhanha, P.S.- Dhanha, Dist.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra For the Opposite Party/s :
Mr.Rajendra Nath Jha Mr. Vijay Kumar Singh, No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2025 1.
Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 308(3), 351(2), 326(g) and 3(5) of the Bharatiya Nyaya Sanhita. 3.
Learned counsel for the petitioners submits that the petitioners have antecedent of three cases and the informant alleges that accused person, on the pretext that land on which the informant was having her shop belonged to them, were extorting money, but later informant came to know that land
Patna High Court CR. MISC. No.18313 of 2025(3) dt.15-05-2025 2/3 belongs to Bettiah Raj, thus stopped paying extortion in the name of rent, as such the accused persons on 24-25/09/2024 set the shop of the informnat ablaze, which was witnessed by Guddu and Upendra.
4.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the informant is not an eye-witness to the occurrence. It is further submitted that on account of dispute relating to land, the present false case came to be instituted. It is also submitted that the informant alleges that the occurrence was witnessed by Guddu and Upendra against whom petitioners have instituted Dhanha P.S. Case No. 112 of 2024 and Dhanha P.S. Case No. 126 of 2024 respectively. 5.
Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner. Learned counsel appearing on behalf of the informant next submits if privilege of anticipatory bail is granted to the petitioners, the petitioners may abscond, on which the learned counsel appearing on behalf of the petitioners submits that petitioners will not abscond rather will cooperate in the investigation to establish their innocence. 6.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.18313 of 2025(3) dt.15-05-2025 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhanha P.S. Case No. 198 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. 8.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T