Prashant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2908 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== PRASHANT JHA Son of Gopal Jha Resident of Gamahariya, PostManpuour, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Piyush Pushkar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 302, 307, 120(B) and other allied sections of the Indian Penal Code.

As per the F.I.R., this petitioner alongwith other F.I.R. named co-accused persons assaulted the son of the informant with pistol, iron rod and pipe.

It is submitted on behalf of petitioner that petitioner has been falsely implicated due to enmity. The petitioner was even not present at the place of occurrence at the relevant time. Though, in the F.I.R., there is allegation of assault by five persons by pistol, iron rod and pipe, but only one injury has been found by doctor on the person of Manoj Singh. Similarly situated co-accused persons have already been granted bail by this Court and petitioner is in custody since 01.04.2021.

Patna High Court CR. MISC. No.2908 of 2022(3) dt.10-05-2022 2/2 However, learned A.P.P. for the State has opposed the bail petition and submitted that petitioner is one of the participants in the alleged occurrence.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - V, Madhubani in connection with Sessions Trial No. 211 of 2021, arising out of Benipatti P.S. Case No. 67 of 2021.

(Prabhat Kumar Singh, J) anay/- U T