Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19875 of 2025 Arising Out of PS. Case No.-310 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Lal Babu Sah S/o- Ram Kishori Sah @ Ramkishor @ Ram Kishor Shah Village- Murla Ps- Ramgarhwa Dist- East Champaran 2.

Raj Babu Sah @ Raja Babu Sah S/o- Lal Babu Sah Village- Murla PsRamgarhwa Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioners and Mr. Ahmad Ali, learned APP for the State.

2. Petitioners seek regular bail in connection with Ramgarhwa P.S. Case No. 310/ 2021 dated 04.11.2021 registered for the offence(s) punishable under Section(s) 341, 323, 324, 307, 354(B) and 504 read with section 34 of the IPC.

3. The main submissions advanced by the petitioners' counsel are that both the petitioners are neighbours of the informant and there is case and counter case in between them, as per the allegation, both the petitioners assaulted one Lakhan Sah on his head by using lathi and except this there is no allegation against them, injury report's copy of the Lakhan Sah has been filed as Annexure-4 which shows that he sustained four injuries, though, the injury found on the right side of parietal region of his head has been opined to be grievous in nature but the same can be deemed to be very superficial in view of its dimension as

Patna High Court CR. MISC. No.19875 of 2025(3) dt.29-04-2025 2/2 the same has been found in the size of 1 1⁄2" x 1/6" x1/8" and further, both the petitioners are not alleged to have assaulted the said injured repeatedly. It is further submitted that both the parties are co-villagers and neighbours and they have settled their dispute and have filed compromise petition before the trial court (Annexure-5) which shows that good relations have been restored in between both the parties. It is lastly submitted that for assaulting the said injured, no fatal weapon is said to have been used by the petitioners and they have been languishing in jail since 16.12.2024 and investigation against them has been completed.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. In the facts and circumstances of this case and considering the aforesaid submissions advanced by the petitioners' counsel and mainly the completion of investigation against the petitioners and also good relations having been restored in between both the parties, as stated above, this court is inclined to grant the relief of regular bail to the petitioners. Accordingly, let the petitioners named-above be released on bail in connection with Ramgarhwa P.S. Case No. 310/ 2021 on furnishing bail bond of Rs.20,000/-( Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) BKS/- U T