Raja Prasad @ Rajaram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21527 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== RAJA PRASAD @ RAJARAM PRASAD Son of Late Yamuna Prasad Resident of Village- Kudawa Pokhar, P.S.- Ekangarsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Ekangarsarai P.S. Case No.78 of 2020 registered for the offence punishable under Sections 341/323/325/307/337/504/506/34 of the Indian Penal Code. The prosecution case in short is that when the informant and his brother were sitting at the entrance of his

Patna High Court CR. MISC. No.21527 of 2021(2) dt.20-07-2021 2/3 house, the petitioner along with other co-accused persons came there and started abusing them and assaulted them by means of iron-rod, lathi and stones. It is further alleged that he has suffered bodily blows and his brother suffered injuries on his head.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent, has not committed any offence as alleged in the FIR and has been falsely implicated in this case. No offence as alleged has ever taken place. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is no specific allegations of any overt act against the petitioner rather the allegations are general and omnibus in nature. The injury report shows the injuries sustained by the informant and his brother as simple in nature. All the co-accused in this case has been granted bail by the learned lower court itself. Chargesheet has been submitted in this case. The petitioner has no criminal antecedent and has been languishing in custody since 27.11.2020.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail

Patna High Court CR. MISC. No.21527 of 2021(2) dt.20-07-2021 3/3 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Hilsa (Nalanda) in connection with Ekangarsarai P.S. Case No.78 of 2020. (Anjani Kumar Sharan, J) pallavi/- U T