Andhan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5714 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- KOPA District- Saran ====================================================== Andhan Prasad Son Of Radha Prasad Resident Of Village- Samahuta Mathia, P.S.- Kopa, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kopa P.S. Case No. 121 of 2022 registered under sections 147, 148, 149, 323, 324, 307, 341 and 302 of the Indian Penal Code. Allegation against the co-accused persons along with this petitioner is that they assaulted the son of the informant by means of knife causing injury on the left side of his chest due to which he died during the course of his treatment.

Patna High Court CR. MISC. No.5714 of 2023(2) dt.10-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to earlier dispute. It is further submitted that there is no specific overt act of assaulting against the petitioner rather the specific allegation of assaulting is against co-accused persons, namely, Amarnath Prasad and Arjun Prasad. It is also submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.09.2022. Similarly situated other coaccused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 23.03.2023. in Cr. Misc. No. 67735 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Copa P.S. Case No. 121 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.5714 of 2023(2) dt.10-04-2023 3/3 like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Chapra.

(Sunil Kumar Panwar, J) shubham/- U T