Raj Kishore Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4694 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== RAJ KISHORE PRASAD Son of Late Gautam Prasad Resident of VillageBaliya, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that there is land dispute between the informant and her pattidars, which includes petitioner also, for the last 15 years, for which, case is pending in the Civil Court. They also threatened to kill the informant's husband. It is alleged that on 06.05.2022 at about 4:00 PM, the husband of the informant went to the market and at about 8:00 PM, the informant received an information that her husband was shot dead by this petitioner and other co-accused persons.
4. It is submitted on behalf of petitioner that informant is not eye-witness of the occurrence and only suspicion has been
Patna High Court CR. MISC. No.4694 of 2023(5) dt.31-07-2023 2/2 raised against this petitioner on account of old land dispute. Similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M. - 1st, Siwan in connection with Maharajganj P.S. Case No. 135 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T