Prakash Singh @ Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11997 of 2024 Arising Out of PS. Case No.-422 Year-2023 Thana- RAJAON District- Banka ====================================================== Prakash Singh @ Jai Prakash Singh S/O Late Siyaram Singh R/O VillagePattichak, P.S- Rajoun, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajoun P.S. case No. 422 of 2023 instituted for the offences under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and later on Section 304 of the Indian Penal Code was added.

3. Prosecution case, in short, is that accused persons including this petitioner armed with lathi, danda and pistol assaulted the informant. On hulla, all the accused persons fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that inititally, in this case FIR

Patna High Court CR. MISC. No.11997 of 2024(2) dt.27-02-2024 2/3 was registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code but later on Section 304 of the Indian Penal Code was added. Learned counsel further submitted that during the course of investigation, the child of the informant fell from chowki and died but for taking revenge from this petitioner, the informant gave false information to the police and hence, Section 304 was added. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. There is case and counter case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.11997 of 2024(2) dt.27-02-2024 3/3 below/concerned Court in connection with Rajoun P.S. case No. 422 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T