Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77819 of 2019 Arising Out of PS. Case No.-471 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Lal Babu Singh, aged about 30 years, Gender, Male, Son of Late Bishun Singh 2.

Shayam Babu Singh;, aged about 28 years, Gender, Male, Son of Late Bishun Singh, both resident of Village - Naurangabag, Ward No.32, P.S.- Bettiah Town, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bettiah (Town) P.S. Case No. 471 of 2019 registered for the offences punishable under Sections 341, 448, 323, 307, 380, 504, 506/34 of the Indian Penal Code.

As per the F.I.R., on 12.06.2018 at about 9:30 P.M., all the accused persons came at the door of informant by red colour pickup van bearing Registration No.BR-22GA-1299 and regularly pressed the horn of vehicle. When the informant objected, then all the accused persons started abusing and

Patna High Court CR. MISC. No.77819 of 2019(3) dt.02-12-2019 2/3 assaulting by means of iron rod and chain and co-accused Rmbabu Singh gave a Farsa blow. All the accused persons entered into his house and started damaging the household articles.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in this case due to local politics. The entire prosecution case is false and fabricated and there is no iota of truth in it. The petitioners being own brothers, have become victim of false implication. Learned counsel for the petitioners further submits that the F.I.R. was lodged on 19.06.2019 but the fardbeyan was lodged on 12.06.2018, i.e. more than one year ago.

Learned counsel for the informant submits that this is a mistake. It was wrongly mentioned in the body of the fardbeyan as 12.06.2018 in place of 13.06.2019. He further submits that the fardbeyan has been recorded in the hospital on 13.06.2019.

Learned counsel for the petitioners further submits that the injury report shows that the injury is simple in nature. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.77819 of 2019(3) dt.02-12-2019 3/3 above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 471 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T