Lalbabu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69236 of 2022 Arising Out of PS. Case No.-920 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
LALBABU SAH Son of Bhukhal Sah Resident of Village - Laxmipur, P.S.- Turkauliya (Raghunathpur OP), District - East Champaran 2.
Javed Akhtar Son of Sk. Abdullah Resident of Village - Laxmipur, P.S.- Turkauliya (Raghunathpur OP), District - East Champaran 3.
Bali Yadav Son of Nagina Yadav Resident of Village - Shankar Saraiya, P.S.- Turkauliya, District - East Champaran 4.
Harihar Pd. Yadav @ Harihar Prasad Yadav Son of Thakur Yadav Resident of Village - Shankar Saraiya, P.S.- Turkauliya, District - East Champaran 5.
Vinod Yadav Son of Anwat Yadav Resident of Village - Shankar Saraiya, P.S.- Turkauliya, District - East Champaran 6.
Darshan Yadav Son of Banwari Yadav Resident of Village - Shankar Saraiya, P.S.- Turkauliya, District - East Champaran 7.
Brij Kishor Kumar Singh @ Brijkishor Kr. Singh Son of Nagendra Singh Resident of Village Shankar Saraiya, P.S. Turkauliya, District East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Asif Kalim For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard both sides.
Petitioners apprehend their arrest in connection with Turkauliya (Raghunathpur) P.S. Case No.920 of 2021, registered for the offences punishable under Sections 147, 148, 341, 323, 307, 354, 379, 384, 504 and 506 of the Indian Penal Code. As per allegation in the FIR, the petitioners were loading paddy seed of the informant on their tractor and when
Patna High Court CR. MISC. No.69236 of 2022(2) dt.28-02-2023 2/3 the same was objected by the informant, the accused persons assaulted the informant, his nephew and his Bhabhi. It is further alleged that the accused persons tried to outrage the modesty of Bhabhi of the informant and they snatched cash Rs.3500/- from the informant and chain made of gold from the Bhabhi of the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is case and counter case between the parties. It is submitted that the specific allegation is against petitioner no.7, Brij Kishor Kumar Singh @ Brijkishor Kr. Singh, who assaulted the nephew of the informant by means of knife. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Considering the specific allegation made against petitioner no.7, Brij Kishor Kumar Singh @ Brijkishor Kr. Singh, I am not inclined to enlarge petitioner no.7, Brij Kishor Kumar Singh @ Brijkishor Kr. Singh on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to petitioner no.7 is hereby rejected.
Patna High Court CR. MISC. No.69236 of 2022(2) dt.28-02-2023 3/3 Considering the fact that there is general and omnibus allegation against petitioners no.1 to 6, let petitioners no.1 to 6, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No.920 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T