Prashant Pratap @ Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17374 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- BUDDHACOLONY District- Patna ====================================================== PRASHANT PRATAP @ PRASHANT KUMAR Son of Ramjee Rai @ Ramji Prasad Rai Resident of South Mandiri, P.S.- Budha Colony, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Choudhary For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Budha Colony P.S. Case No. 285 of 2020, registered for the offence punishable under Sections 307, 504 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant was sitting at the door of Ward Parshad Neeta Rai, co-accused Uday Rai entered into an altercation with him and immediately thereafter, this petitioner along with other accused persons armed with pistol came and made indiscriminate firing upon the

Patna High Court CR. MISC. No.17374 of 2021(2) dt.08-07-2021 2/3 informant and others. Further alleged that co-accused Ajay Rai fired upon the informant which hit him at his back and coaccused Harsh Raj fired upon Golu Kumar which hit him in the leg. In this process one Ajay Kumar also received bullet injury on his arm. Seven empty bullets along with two pellets were recovered from the place of occurrence.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is general and omnibus allegation of firing against this petitioner and specific allegation of causing firearm injury is against coaccused Ajay Rai and co-accused Harsh Raj. Petitioner is in custody since 13.11.2020 having clean antecedent, as stated in para 3 of the petition. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, 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 Additional Chief Judicial Magistrate II, Patna in connection with Budha Colony P.S. Case No. 285 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.17374 of 2021(2) dt.08-07-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T