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Patna High CourtCR. MISC./69092/2024bail granted

Laxmi Lal Deo @ Laxmi Lal Dev @ Lakshmi Lal Deo v. The State Of Bihar

2024-11-20Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69092 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== 1.

Laxmi Lal Deo @ Laxmi Lal Dev @ Lakshmi Lal Deo Son of Late Parmeshwar Lal Deo Resident of Village-Madhopur, Police Station-Bahera, District-Darbhanga 2.

Rakesh Lal Deo @ Rakesh Lal Dev @ Rakesh Prasad Deo Son of Laxmi Lal Deo @ Laxmi Lal Dev @ Lakshmi Lal Deo Resident of Village-Madhopur, Police Station-Bahera, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-11-2024 Heard Mr. Ashok Kumar Prasad, learned counsel for the Petitioners and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Petitioners seek regular bail in connection with Bahera P.S. Case No. 118 of 2024 dated 29.03.2024 registered for the offences punishable under Sections 341, 323, 324, 504, 506, 307, 447, 354, 427, 379 and 147 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioners are that there is a case and counter case in between both the parties, a free fight took place in between them and both the sides sustained injuries and the informant has

Patna High Court CR. MISC. No.69092 of 2024(3) dt.20-11-2024 2/3 completely mentioned a wrong fact that three persons from her side sustained injuries as during the course of investigation, only the injury report of the informant was produced but the I.O. could not get the injury report of the informant's son despite his several attempts. It is further submitted that the petitioner no.1 is an old man aged about 69 years and both the petitioners have been languishing in jail since 09.07.2024 and against them the investigation has been completed.

4. On the other hand, learned APP for the State has opposed the bail prayer of the petitioner but he has fairly accepted that in the case diary there is injury report of informant only.

5. Considering the facts and circumstances of this case as well as above submissions and mainly the fact that the prosecution has produced the injury report of informant only who sustained only one injury experiencing pain in the left thigh and on both legs and also taking into account the completion of investigation against the petitioners, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court

Patna High Court CR. MISC. No.69092 of 2024(3) dt.20-11-2024 3/3 in connection with Bahera P.S. Case No. 118 of 2024. (Shailendra Singh, J) maynaz/- U T