Babu Lohar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43977 of 2025 Arising Out of PS. Case No.-616 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Babu Lohar son of Rajendra Sharma village- Jitpur Ward no. 1, Psmatiyariya, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rishabh Mishra, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-07-2025 Heard Mr. Rishabh Mishra, learned counsel for the petitioner and Mr. Ram Anurag Singh, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bettiah Mufassil P.S. Case No. 616 of 2024 instituted for the offence under Sections 308(2), 316(2), 318(4), 338, 336(3), 340, 119(1), 352, 351(2), 3(5) of the B.N.S.
3. The case of the prosecution is that one Rajeshwar Singh has sold 4.69 decimal of land to the informant on 24.05.2023. On 05.10.2024, when the informant went on his land, he found that the accused persons were collecting construction material over his land. He came to know that Rajeshwar Singh has executed a sale-deed in favor of the
Patna High Court CR. MISC. No.43977 of 2025(2) dt.18-07-2025 2/3 petitioner and others.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that actually the petitioner is the victim because the land was sold to him without being informed that earlier it was transferred, fraud if any, has been committed by Rajeshwar Singh, who was having the knowledge of previous sale-deed.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bettiah Mufassil P.S. Case No. 616 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, Bihar, subject to the
Patna High Court CR. MISC. No.43977 of 2025(2) dt.18-07-2025 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T