Deolal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15785 of 2022 Arising Out of PS. Case No.-59 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== DEOLAL PRASAD S/o Jagdeo Bhagat R/o village- Musalamni Chak, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Rakesh For the Opposite Party/s :

Mr. Manoj Kumar For the Informant/s :

Mr. Ratneshwar Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has preferred this application for grant of regular bail in a case registered under sections 364A read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused Sunil Kumar are alleged to have abducted and killed the son of the informant under conspiracy with a view to grab the whole property of the informant. Previously, co-accused had also kidnapped the informant's son and took Rs. 2. 50 lacs as

Patna High Court CR. MISC. No.15785 of 2022(3) dt.22-08-2022 2/2 ransom for releasing his son. The informant's daughter Rekha Devi saw that the accused persons were taking the informant's son who is mentally disabled.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The main allegation is against the co-accused Sunil Kumar. There is no eye- witness in this case. It is further submitted that the petitioner has nothing to do with the property of the informant. The co-accused Sunil Kumar is the son-in-law of the informant. The petitioner is in custody since 03.01.2022. Learned A.P.P. for the State as well as learned counsel for the informant has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P.S. Case No. 59 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T