Gulab Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25188 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================
1. Gulab Prasad S/o Late Haro Mahto Resident of Village / Mohalla Barhog, P.S. Bind, District Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2015 Heard both sides.
The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.
The informant, wife of deceased, alleged that her husband shouted to save on such she went there and saw that Chandra Kumar @ Lal Bihari, Surya Kumar @ Kunj Bihari, Brijnandan Ram and Satendra Prasad @ babloo were catching her husband. On the order of Surya Kumar @ Kunj Bihari and Brijnandan Ram Chandra Kumar @ Lal Bihari assaulted her husband with spade on his head. Her husband fell down but Surya Kumar @ Kunj Bihar and Brijnandan Ram caught her husband and Chandra Kumar @ Lal Bihari severed his neck. It is submitted that petitioner is not the assailant of
Patna High Court Cr.Misc. No.25188 of 2015 (2) dt.20-07-2015 2/2 the deceased and at the fag end of the FIR the informant alleged that the petitioner also fled away along with other accused persons. There appears that of course the informant named the petitioner but did not make any specific allegation against him. Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Nalanda at Biharsharif in Bind P.S. Case No. 34/15. (Prabhat Kumar Jha, J) BKS/- U T