Bharya Prakash @ Bhavya Prakash @ King v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42794 of 2017 Arising Out of PS.Case No. -241 Year- 2016 Thana -BEUR District- PATNA ====================================================== BHARYA PRAKASH @ BHAVYA PRAKASH @ KING Son of Late Sadan Kumar Resident of Purani Jakkanpur, Ram Lakhan Mahto Flat, P.S.- Jakkanpur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Shankar Sinha, Advocate. For the Opposite Party : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.10.2016 in a case for the offence registered under Sections 302, 120(B)/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the accused persons murdered the husband of the informant, namely, Jayanti Jha.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to mistake of fact. The charge sheet has been submitted in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.42794 of 2017 (2) dt.20-09-2017 2/2 with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. There is no eye witness to the alleged occurrence. The other co-accused has been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 22658 of 2017.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-III, Patna, in connection with Sessions Trial No. 133/2017, arising out of Beur P.S. Case No. 241/2016. U.K./- (Sudhir Singh, J) U T