Bhikhari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7125 of 2025 Arising Out of PS. Case No.-189 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Bhikhari Prasad S/O Jhapal Prasad R/O Village- Kurmi Ki Gali, Ward No. 28, Dumraon, P.S- Dumraon, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Prasad Singh, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Dumraon P.S. Case No. 189 of 2024 registered for the offences under Section 307 of the Indian Penal Code.

3. As per prosecution case, the petitioner struck on the forehead of the son of the informant with axe causing serious injuries to him.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Entire allegation levelled against the petitioner is out and out false and concocted. It is clear from the FIR that informant is not an eye-witness and no other independent witness has come to support the case of the

Patna High Court CR. MISC. No.7125 of 2025(3) dt.14-05-2025 2/3 prosecution. Charges have been framed on 04.10.2024 and till date no witness has been examined. Petitioner is in custody since 28.05.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and framing of charges, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Buxar/concerned court in connection with Dumraon P.S. Case No. 189 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three

Patna High Court CR. MISC. No.7125 of 2025(3) dt.14-05-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T