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Patna High CourtCR. MISC./38259/2024allowed

Lalu Shah @ Lalu Sah v. The State Of Bihar

2024-06-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38259 of 2024 Arising Out of PS. Case No.-922 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Lalu Shah @ Lalu Sah, Son of Ghurhu Sah, Resident of Village - Ambari, P.S.- Mohaniya, District- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Mohaniya P.S. Case No. 922 of 2023 registered for the offences punishable under Sections 341, 324, 326, 386, 504, 506 of the Indian Penal Code.

3. As per prosecution case, on demand of dues amount, the petitioner abuses the informant and assaulted the husband of the informant by pouring boiling oil on his body due to which he sustained burn injury. The petitioner also took out cash of Rs. 5000/- from the cash box and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Both the parties are co-villagers and next door

Patna High Court CR. MISC. No.38259 of 2024(2) dt.26-06-2024 2/2 neighbour and the present case has been filed due to altercation took place between the parties on trivial issues. The injury of the informant's husband is on the feet and simple in nature. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Mohaniya P.S. Case No. 922 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T