Bhim Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4291 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Bhim Prasad, S/o- Late Rajendra Prasad, resident of Village- Arhit, PsGhoshi (Okri OP), Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Ghoshi P.S. Case No. 235 of 2024 dated 10.05.2024, instituted for the offence punishable under Sections 323, 324, 325, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, one co-accused, namely, Nakul Prasad caught the informant and thereafter at the behest of the petitioner, another co-accused, namely, Satyam Kumar fired upon the informant with his country made pistol due to which the informant fell down on the ground. Thereafter co-accused fled away by making firing.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.4291 of 2025(2) dt.12-02-2025 2/3 case. Learned counsel for the petitioner submits that the petitioner is advanced age person aged about 60 years. Allegation against the petitioner is that he gave order to Satyam Kumar to kill the informant. There is no allegation of assault against the petitioner by any means. The specific allegation of firing is against coaccused, Satyam Kumar, who fired upon the informant. Lastly, it has been submitted that the petitioner is in custody since 19.10.2024 having two criminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 235 of 2024, subject to the following conditions:- I. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.4291 of 2025(2) dt.12-02-2025 3/3 II. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
III. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
IV. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U T