Vidyanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3800 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- DHANARUA District- Patna ====================================================== Vidyanand Prasad, Male, aged about 38 years, Son of Sukhdev Prasad, Resident of Village - Bahrampur Tola, Chhotimath @ Chhotkimath, P.S. - Dhanarua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 882 of 2023 arising out of Dhanarua P.S. Case No. 178 of 2023 instituted for the offences punishable under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant was sleeping in his house with his wife when he heard some noises and when he opened his eyes, he noticed that two people had entered and started firing at his wife. His wife was shot twice, once in the right hand and the other in the chin area resulting death on spot.

Patna High Court CR. MISC. No.3800 of 2024(4) dt.03-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He further submits that the allegations against the petitioner is totally false and concocted. Nothing has been recovered from the conscious possession of the petitioner. He next submits that there is no any specific allegation of commit murder, criminal conspiracy and fire from arms against the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 16.04.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-II, Masaurhi, Patna dated 23.09.2023, it appears that petitioner is named in the FIR and his name surfaced in this case only on the basis of confessional statement of co-accused. Similarly situated co-accused persons namely Bhola Prasad @ Bhola Yadav and Vijay Paswan have been granted bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 16868 of 2024 and 10571 of 2024 vide orders dated 13.03.2024 and 22.02.2024, respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.3800 of 2024(4) dt.03-05-2024 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 178 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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