Lalbabu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38864 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Lalbabu Sah S/O LATE RAMESHWAR SAH R/O VILLAGECHANDRAPURA, P.O.- HATHILPUR, P.S.- BRAHAMPUR, DIST-Buxar 2.
SANJAY SAH S/O LATE RAMESHWAR SAH R/O VILLAGECHANDRAPURA, P.O.- HATHILPUR, P.S.- BRAHAMPUR, DIST-Buxar 3.
MUNNA SAH S/O LATE NARAYAN SAH R/O VILLAGECHANDRAPURA, P.O.- HATHILPUR, P.S.- BRAHAMPUR, DIST-Buxar 4.
RAMESHWAR SAH S/O LATE NARAYAN SAH R/O VILLAGECHANDRAPURA, P.O.- HATHILPUR, P.S.- BRAHAMPUR, DIST-Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Roy, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024
1. Heard learned counsel for the petitioners and Mr. Chandra Bhushan Prasad learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioners no. 1 to 3 have antecedent of one case and petitioner no. 4 is a person with clean antecedent and the informant alleges that on 16.03.2024 at 09:20 a.m. while he was collecting bricks and stones at his construction site of the house when all the
Patna High Court CR. MISC. No.38864 of 2024(3) dt.30-07-2024 2/3 accused persons came variously armed and assaulted him. Further, Jitendra Sah fired from his country made gun and other accused attacked the informant with lathi, danda and spear. In the occurrence, Dhirendra Sah along with Vicky Sah got injured and Prince Kumar sustained injury on his head.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that there is no specific allegation of assault against the petitioners rather the allegation of assault is general and omnibus in nature. It is next submitted that though injury suffered by one of the injured is grievous in nature but then that is on non-vital part of the body. It is also submitted that allegation of firing is ornamental as no one was injured.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but then fairly submits that the injury suffered by one of the injured is grievous in nature but on his left wrist.
6. Learned counsel for the petitioners, at this stage, submits that petitioners will not abscond rather will cooperate in the investigation.
7. Considering the submissions made by the learned
Patna High Court CR. MISC. No.38864 of 2024(3) dt.30-07-2024 3/3 counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 learned court below where the case is pending/successor court in connection with Brahampur P.S. Case No. 139 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T