Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73104 of 2025 Arising Out of PS. Case No.-200 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Lalan Sah S/o- Late Jadolal Sah Vill- Belhi, P.S- Chirraiya, Dist - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harishankar Raj, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Chiraiya P.S. Case No. 200 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 117(2), 109, 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner and co-accused persons assaulted the son of the informant and thereafter, the petitioner and other co-accused persons again came to the house of the informant and assaulted the informant, his son and his family members, causing a number of injuries to them.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. In the first occurrence, there was no involvement of the

Patna High Court CR. MISC. No.73104 of 2025(2) dt.19-11-2025 2/3 petitioner as is apparent from the FIR. The allegation against the petitioner is of giving khanti blow to the informant but there is no injury report on record. The FIR has also been lodged after delay of five days for which there is no explanation and both the facts make the prosecution case doubtful. The petitioner is having clean antecedent. The petitioner is in custody since 04.06.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeXIII, East Champaran, Motihari/court concerned in connection with Chiraiya P.S. Case No. 200 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.73104 of 2025(2) dt.19-11-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T