Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67461 of 2023 Arising Out of PS. Case No.-2845 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Laxman Sah Son Of Late Baney Resident Of Mohalla - Gaighat North Gali, Post Office - Gulzarbag, Police Station - Alamganj, District - Patna 2.

Deepak Sah Son Of Laxman Sah Resident Of Mohalla - Gaya Ghat Utari Gali, Post Office - Gulzarbagh, Police Station - Alamganj, District - Patna 3.

Anil Sah @ Anili Sah Son Of Laxman Sah Resident Of Mohalla - Gaya Ghat Utari Gali, Post Office - Gulzarbagh, Police Station - Alamganj, District - Patna 4.

Raja Kumar @ Ghuntus Son Of Laxman Sah Resident Of Mohalla - Gaya Ghat Utari Gali, Post Office - Gulzarbagh, Police Station - Alamganj, District - Patna 5.

Rajeev Kumar @ Bauna Son Of Raja Ram Sharma Resident Of Mohalla - Gaya Ghat Utari Gali, Post Office - Gulzarbagh, Police Station - Alamganj, District - Patna 6.

Dheeraj Kumar @ Dheeraj Sharma Son Of Late Jagat Sharma Resident Of In Front Of Polytechnic College, P.S. - Alamganj, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Krishna Kumar, Advocate Son Of Siyaram Prasad Sah Resident Of Vasudev Kakch, District Court, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akanksha Malviya For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 At the outset, learned counsel for the petitioners seeks permission to make necessary corrections in paragraph 8 and 9 of the petition in course of the day.

2. Permission is accorded.

3. Heard learned counsel for the parties.

4. Petitioners apprehend arrest in a case registered

Patna High Court CR. MISC. No.67461 of 2023(2) dt.19-10-2023 2/3 for the offences punishable under Sections 323, 324, 341, 392, 504, 506/34 of the Indian Penal Code.

5. As per the complaint case, these petitioners along with co-accused persons disrobed the wife and daughter of the informant and snatched bag and other materials.

6. Learned counsel for the petitioners submits that these petitioners have falsely been implicated in the present case due to land dispute between the co-accused Sachi Kumar and his brother Shambhu Prasad and others, for which F.A. No. 207 of 2010 is pending. It is further submitted that earlier Alamganj P.S. Case No. 1011 of 2022 was lodged by one Jyoti Devi wife of Anil Shah (accused no. 3) when the complainant along with others tried to capture the land of the co-accused Sachi Sah. It is lastly submitted that complainant is an advocate and he in the habit of implicating peoples in one case after other.

7. Learned APP for the State vehemently opposed the prayer of bail.

8. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.67461 of 2023(2) dt.19-10-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna/concerned court below in connection with Complainant Case No. 2845(C) of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shishir/- U T