Lal Babu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47550 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- SISWAN District- Siwan ====================================================== 1.
Lal Babu Sah S/O Hareram Sah Resident of Village- Nanda Mura, PS.- Siswan, Distt-Siwan 2.
Kariman Kumar Sah @ Kariman @ Sonu Kumar @ Sonu Sah @ Kariman Sah @ Sonu S/O Lal Babu Sah Resident of Village- Nanda Mura, PS.- Siswan, Distt-Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352 and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that petitioner no. 2 entered the house of the informant and acted inappropriately with her daughter. Further, he was caught when his family members came and on orders of Lalbabu Sah, it is alleged that petitioners assaulted the daughter of the informant by an iron rod causing injury on head and Lalbabu Sah assaulted the informant by tangi repeatedly causing
Patna High Court CR. MISC. No.47550 of 2025(2) dt.30-07-2025 2/3 injury on head thereafter the other female members came and assaulted the informant and her side.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant along with their family members. It is further submitted that petitioners and the informant are close agnates and there is admitted land dispute between the parties. It is next submitted that from side of the petitioners Siswan P.S. Case No. 54 of 2025 was lodged against the informant and her side. It is also submitted that the injury suffered by the injured has been opined to be simple in nature. It is, thus, submitted that even presuming what has been alleged is true without admitting then petitioners never had any intention of committing a serious occurrence. Further, there is a delay of six days in instituting the instant FIR which also casts an aspersion on the case of the prosecution. It is further submitted that had the injured been admitted in the hospital in that event the fardbeyan of the informant would have been recorded at the hospital but then the FIR was instituted six days after the occurrence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.47550 of 2025(2) dt.30-07-2025 3/3 counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Siswan P.S. Case No. 37 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J) Kundan/- U T