Laxman Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16993 of 2025 Arising Out of PS. Case No.-1122 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Laxman Prasad Sah S/O Late Haricharan Sah R/O Mangurahi, Mungrahi, Ward No. 11, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 1122 of 2024 instituted for the offences under Sections 318(4)/338/336(3)/340(2) of the B.N.S., 2023.

3. As per prosecution case, the petitioner is alleged to be an accused of being indulged in cheating and causing loss of revenue to the Government by alteration and fabrication of registered documents like sale-deed etc. It is further alleged that the police made raid at the house of the petitioner and recovered several documents along with laptop, mobile etc. from there.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16993 of 2025(2) dt.22-03-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the alleged raid was conducted at the house of the petitioner on 27.10.2024 but, the seizure list was prepared on 28.10.2024 and the F.I.R. was also lodged on the same date which creates doubt in the veracity of the prosecution case. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 29.10.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, pointing out that the offence alleged against the petitioner is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16993 of 2025(2) dt.22-03-2025 3/3 satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 1122 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T