Lakshmi Narayan Safi @ Lakshmi Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68529 of 2023 Arising Out of PS. Case No.-115 Year-2012 Thana- LADANIA District- Madhubani ====================================================== LAKSHMI NARAYAN SAFI @ LAKSHMI SAFI SON OF LATE SUKHDEV SAFI RESIDENT OF VILLAGE- KABILASA, PSLADANIYA, DIST- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SONE LAL SINGH SON OF CHHATAR SINGH RESIDENT OF VILLAGE- KASMA MARAR, PS- KHAJAULI, DIST- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP.

Mr. Prabhakar Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 386, 406, 429, 120(B) of the Indian Penal Code and 27 of Arms Act.

3. Allegedly, all the accused persons including the petitioner are said to have abused and assaulted the informant and also taken his signature on blank papers.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.68529 of 2023(3) dt.25-01-2024 2/3 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the informant had given Rs. 1,45,000/- to the petitioner for the bricks for preparing building, but later on, the accusedpetitioner gave the bricks of Rs. 66,000/- only and now, he is ready to return Rs. 90,000/- to the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of four months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ladaniya P.S. Case No. 115 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. After full and final payment of Rs.90,000.00 (Rupees Ninety Thousand) to the informant, the provisional bail of the

Patna High Court CR. MISC. No.68529 of 2023(3) dt.25-01-2024 3/3 petitioner will be confirmed by the learned Court below.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T