Lalit Yadav @ Lalit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78843 of 2024 Arising Out of PS. Case No.-173 Year-2022 Thana- MARAUNA District- Supaul ====================================================== Lalit Yadav @ Lalit Kumar Son of Ram Udgar Yadav Resident of VillageJhingva, P.S.- Marauna, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 149, 323, 324, 379, 354(B), 447, 504 and 506 of IPC.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner have abused and assaulted the son of the informant with stick and iron rod. One co-accused person snatched gold chain of Rs. 45,000/- from the neck of the informant's son. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is also submitted that occurrence took place on 22.12.2022 but present FIR was lodged

Patna High Court CR. MISC. No.78843 of 2024(2) dt.02-12-2024 2/2 on 25.12.2022 i.e after the delay of three days and no explanation has been given for the said delay. As per annexure-2, the brother of the petitioner has filed a case against the informant side on 23.12.2022. It is further submitted that there is admitted land dispute between the parties. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, admitted land dispute between the parties and the fact that no person was injured in the present case, only there is allegation in the FIR that petitioner has assaulted the informant's son with iron rod, let the above named petitioner, be released on bail, 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 Marauna P.S. Case No.173 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T