Laxman Sah @ Lakshman Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27832 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Laxman Sah @ Lakshman Sah Son of Jhapsi Sah Resident of village - Gohi, P.S. - Warisnagar, Distt. - Samastipur ... ... 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. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Warisnagar P.S. Case No. 50 of 2022 lodged under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504, 506, 302 of the I.P.C.
As per the prosecution case, the F.I.R. has been lodged against 7 named accused persons including the petitioner that they have brutally assaulted the father of the informant by lathi, danda and iron rod and thrown him in the wheat field. They have also snatched Rs.2,000/- from his possession. Upon search, when the informant went in the field then he found that
Patna High Court CR. MISC. No.27832 of 2023(2) dt.07-06-2023 2/3 his father was badly injured.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner is in custody since 08.02.2023 having clean antecedent.
Counsel further submits that charge-sheet has already been submitted and there is no allegation of tempering witness against the petitioner. Counsel submits that from the content of F.I.R., it transpires that there is no eye witness in this case. Counsel further submits that on the basis of disclosure made by the co-villagers, the name of the petitioner has figured in this case. Counsel submits that the Co-ordinate Bench of this Court has pleased to grant bail to co-accused vide order dated 22.12.2022 passed in Cr. Misc. No.51294 of 2022 Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 50 of 2022, subject
Patna High Court CR. MISC. No.27832 of 2023(2) dt.07-06-2023 3/3 to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T