Lalo Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46608 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Lalo Sah S/O Brahmdev Sah R/O Village- Atapur Navtoliya, Ward No 08, PSHasanpur, Distt- Samastipur(Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Adv.
For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hasanpur P.S. Case No. 45 of 2024 instituted for the offences under Sections 143, 307, 302, 506 of the Indian Penal Code.
3. As per allegation, 12 named accused persons including 5-6 unknown persons, variously armed with lethal weapons encircled the house of the informant and started assaulting her husband, as a result of which, he sustained injuries and fell on the ground. The husband of the informant rushed to the hospital in a precarious condition where he was declared dead.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.46608 of 2025(2) dt.08-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that there is delay of one day in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against these petitioner. The only allegation raised against the petitioner is that he is the order giver. Learned counsel further submitted that although there is allegation of causing assault by six persons but, as per injury report, only one injury has been found on the body of the deceased.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.07.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 29.01.2025 passed in Cr. Misc. No. 66033 of 2024. He further submits that co-accused Umesh Sah, Rambabu Sah and Chhotu Sah have also been granted bail by this Court vide order dated 26.06.2025 passed in Cr. Misc. No. 39980 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.46608 of 2025(2) dt.08-07-2025 3/3 of the case, clean antecedent, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Hasanpur P.S. Case No. 45 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T