Anand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12878 of 2023 Arising Out of PS. Case No.-132 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== Anand Prasad Son of Rishavdeo Prasad @ Kishundeo Bhagat R/v- Madhuaha Mal, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 05.09.2022, in connection with Rejepur P.S. Case No. 132 of 2019, F.I.R. dated 02.10.2019 registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused Mukesh Kumar was stabbing the husband of the informant with the help of knife, co-accused Rakesh Kumar was holding his legs, co-accused Kishun Deo Bhagat and Raju Prasad were holding his hands, co-accused Anand Prasad was assaulting him by means of iron rod on his head and co-accused Rambabu Prasad Bhagat was slitting his neck by means of Dabia, due to which the husband of the informant died on the spot.

Patna High Court CR. MISC. No.12878 of 2023(2) dt.09-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the informant is not an eye witness of the alleged occurrence and as per allegation in the F.I.R. that the petitioner has inflicted iron rod on the head of the deceased and the cause of death is due to haemorrhage as a result of cutting the main blood vessels of the neck of the deceased which is attributed against co-accused person namely Rambabu Prasad Bhagat. He further submits that co-accused namely Mukesh Kumar against whom the allegation that he assaulted the deceased with the knife has been granted bail vide order dated 30.10.2021 passed in Cr. Misc. No. 14438 of 2020.

He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 05.09.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.12878 of 2023(2) dt.09-05-2023 3/3 Champaran in connection with Rajepur P.S. Case No. 132 of 2019, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T