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Patna High CourtCR. MISC./86670/2023allowed

Buchchu Lohani @ Buchu Lohani @ Shrawan Kumar @ Sharwan Kumar Lohani v. The State Of Bihar

2024-02-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86670 of 2023 Arising Out of PS. Case No.-916 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

Buchchu Lohani @ Buchu Lohani @ Shrawan Kumar @ Sharwan Kumar Lohani S/o Bijay Kumar Lohani R/o Gurudwara Road, Harijan Toli, PSKotwali, District- Gaya 2.

Laddu Lohani @ Dhruv Kumar Lohani @ Dhruv Lohani S/o Bijay Kumar Lohani R/o Gurudwara Road, Harijan Toli, PS- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard Mr. Sanjeev Kumar, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 385, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have demanded 10-10 lacs as ransom. It is further alleged that on 07.05.2022 at about 12:30 PM, all the accused persons came with deadly weapons and started breaking the lock of the informant's shop and took away all

Patna High Court CR. MISC. No.86670 of 2023(2) dt.06-02-2024 2/3 the articles kept in his shop and also locked his shutter. They also assaulted the informant's side by deadly weapons and threatened them as well.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is totally false and based on concocted facts. It is further submitted that later on, the matter has been compromised between both the parties. Petitioners have two criminal antecedents as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is compromise between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor

Patna High Court CR. MISC. No.86670 of 2023(2) dt.06-02-2024 3/3 Court in connection with Kotwali P.S. Case No. 916 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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