Lal Babu Khan @ Lalbabu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53312 of 2024 Arising Out of PS. Case No.-12 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

Lal Babu Khan @ Lalbabu Khan Son Of Dhani Lal Khan VillageSomgharh, Ps- Sathi, Dist- West Champaran 2.

Anil Paswan Son Of Mahant Paswan Village- Somgharh, Ps- Sathi, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sathi P.S. Case no. 12 of 2020 instituted for the offence under Sections 147, 149, 341, 323, 353 and 504 of the Indian Penal Code.

The prosecution case, in brief, is that when the informant along with other police personnel went to free two boys from the confinement of the accused persons, petitioner along with other co-accused attacked the police party and made assault by lathi. Informant somehow got released the boys from

Patna High Court CR. MISC. No.53312 of 2024(2) dt.26-07-2024 2/3 the confinement of the accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is general and omnibus allegation against the petitioners. There is no injury report on record to substantiate the allegation of assault to the informant. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused persons have already been granted anticipatory bail by this Court and another co-ordinate Bench of this Court vide Annexure-2 and 3 of this petition.

Learned APP for the State has opposed the prayer of anticipatory bail of the petitioners.

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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sathi P.S. Case no. 12 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.53312 of 2024(2) dt.26-07-2024 3/3 Judicial Magistrate, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) shubham/- U T