Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23127 of 2023 Arising Out of PS. Case No.-988 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

LAXMAN SAH S/O JAGESHWAR SAH R/O Village- Bhadaul, Ward No. 5, P.S- Madhepura, Distt.- Madhepura.

2.

Balo Sah @ Valo Sah @ Baleshwar Sah S/O Awal Sah R/O VillageRaghunathpur, P.S- Kumar Khand, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in connection with Madhepura (Bharrahi O.P) P.S. Case No. 988 of 2022 dated 15.10.2022 registered for the offences punishable u/s 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

As per the prosecution case, the petitioners along with 3-4 unknown miscreants came holding country-made pistol, rod

Patna High Court CR. MISC. No.23127 of 2023(2) dt.23-05-2023 2/3 and encircled the informant and the petitioner Laxman Sah demanded Rs. 1,00,000/- from the informant which he got from the co-villager Balram Yadav and the petitioners started assaulting him with butt of pistol causing injury on the head. In the meantime, the petitioner (Laxman Sah) took Rs. 1,00,000/- by breaking the lock of dicky of the motorcycle of the informant and fled away.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The injury is simple in nature caused by hard and blunt substance. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner No. 1 is in custody since 25.01.2023 and petitioner No. 2 is in custody since 01.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties each of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.23127 of 2023(2) dt.23-05-2023 3/3 learned Court concerned, Madhepura in connection with Madhepura (Bharrahi O.P) P.S. Case No. 988 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T