Lalbabu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68305 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Lalbabu Sah S/o- Late Ganesh sah Resident of village- Turkauliya Asharafi Sah Tola Ps- Turkauliya District -East Champaran 2.

Raj Kumar Sah @ Raj Kumar Son of Lal Babu Sah Resident of villageTurkauliya Asharafi Sah Tola Ps- Turkauliya District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Turkauliya P.S. Case No. 58 of 2024, registered under Sections 447, 341, 323, 327, 384, 354B, 379, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that, when the informant was erecting asbestos room on the land, then the accused persons including these petitioners put a pistol on the head of the younger son of the informant and demanded extortion money. It is further alleged that these petitioners snatched golden chain from the neck of the informant.

Patna High Court CR. MISC. No.68305 of 2024(3) dt.25-10-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that there is land dispute between them. The petitioners are in the possession of the said land, but the informant wants to dispossess them. There is general and omnibus allegation against the petitioners. There is case and counter case between the parties. Petitioner no. 1 has got three criminal antecedents in which he is on bail and petitioner no. 2 has got one criminal antecedent in which he is on bail. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 28199 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below 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 Court below/concerned Court in connection with Turkauliya P.S. Case

Patna High Court CR. MISC. No.68305 of 2024(3) dt.25-10-2024 3/3 No. 58 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T