Lalbabu Sah @ Lalbabu Prasad @ Lalbabu Saj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39288 of 2023 Arising Out of PS. Case No.-785 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Lalbabu Sah @ Lalbabu Prasad @ Lalbabu Saj S/O Late Gaya Sah R/O Vill. Lalgardh, Ps. Muffasil Bettiah, Dist. West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon For the Opposite Party/s :
Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 379/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioner is said to have assaulted on the head of the informant by means of farsa blow.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the injury found upon the victim is simple in nature. He submits that there is admitted land dispute between the parties. He further submits that the injury report mentioned in para 56 of the case diary in which he stated that no
Patna High Court CR. MISC. No.39288 of 2023(3) dt.11-09-2023 2/2 X Ray plate was submitted by the attendant therefore the doctor written the injury as simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bettiah Muffasil P.S. Case No.785/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T