Lalan Sah @ Lalan Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48917 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== LALAN SAH @ LALAN SHAH Son of Kailash Sah Resident of village - Bara Bariyarpur (Near Gov. Middle School), P.S. - Chhatauni, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chhatauni P.S. Case No. 97 of 2023 dated 17.02.2023 registered for the offences punishable u/ss 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come and started assaulting the informant and his son causing head injuries. It is further alleged that the accused persons always used to consume liquor

Patna High Court CR. MISC. No.48917 of 2023(2) dt.04-08-2023 2/3 and abused and threatened them to kill to grab her land.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. It is further submitted that the petitioner has no concern with the alleged offence. Nothing has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 97 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds

Patna High Court CR. MISC. No.48917 of 2023(2) dt.04-08-2023 3/3 are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T