Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43477 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- PIPRA District- Supaul ====================================================== Lalan sah S/o Krishan Vallabh Sah R/o Maheshpur, Ward No. 10, P.S.- Pipra, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Pipra P.S. Case No. 84 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 109, 124(1), 303(2), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the petitioner and other co-accused persons started constructing a house on the land of the informant. When their act was opposed, they assaulted the informant and his family. Further allegation against the petitioner and co-accused Lalit Sah is that they threw acid on the informant and his cousin, causing injuries to them.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.43477 of 2025(2) dt.16-07-2025 2/3 case. The prosecution case is not believable. From the FIR, it is apparent that there is land dispute between the parties. For the same occurrence, there is counter version and brother of the petitioner has filed Pipra P.S. Case no. 83 of 2025 against the informant and others as they tried to bring down the wall of the courtyard of the petitioner. It is the informant side which was assailant which came to the courtyard of the petitioner started abusing the petitioner and his other family members and tried to break the wall in the courtyard. Learned counsel further submits that though there is allegation against the petitioner of throwing acid on the informant and his cousin, the injury report of the cousin of the informant does not show any acid injury. The petitioner is having antecedent of three cases but these case have also been lodged by the family members of the informant and the petitioner is on bail in all such cases. The petitioner is in custody since 21.03.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that there is specific allegation against the petitioner that he threw acid on the cousin of the informant and also on the informant.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.43477 of 2025(2) dt.16-07-2025 3/3 doubt over injury caused by the petitioner and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Supaul in connection with Pipra P.S. Case No. 84 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U