Lalbabu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39084 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== LALBABU SAH S/o Sitaram Sah Resident of Village- Bhagwanpur, Pakari, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 Heard.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 133 of 2021, registered for the offence punishable under sections 413/414/411 of the Indian Penal Code. The allegation is regarding the police having intercepted an Alto-car, whereafter four miscreants including the petitioner herein were arrested and from the car in question, one water pump and one cutter was recovered. It is also alleged that upon disclosure made by the arrested accused persons, a raid was conducted in the house of one other co-accused person and one

Patna High Court CR. MISC. No.39084 of 2021(2) dt.27-01-2022 2/3 Ceiling fan and an Apache motorcycle was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 30.04.2021. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, no illicit articles have been recovered from his possession.

Per contra, Ms. Anita Kumari Singh, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no illicit articles have been recovered from the possession of the petitioner, apart from the fact that he is having a clean antecedent and he is languishing in custody since a long time, I deem it fit and proper to admit

Patna High Court CR. MISC. No.39084 of 2021(2) dt.27-01-2022 3/3 the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 133 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T