Patna High CourtCR. MISC./25769/2023allowed

Prabhakar Singh v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25769 of 2023 Arising Out of PS. Case No.-399 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== PRABHAKAR SINGH LATE KAPIL DEO SINGH RESIDENT OF VILLAGE - BIHWARPUR, P.S. - BIDUPUR, DISTT. - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 302, 323, 302, 504, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that accused persons including the petitioner assaulted the husband and son of the informant by feast and slaps due to which they sustained injury and became unconscious thereafter husband of the informant was taken to hospital where doctor declared him dead.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.25769 of 2023(5) dt.11-10-2023 2/2 committed no offence. He has falsely been implicated in this present case due to previous enmity. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. As per postmortem report, which is annexed with case diary, it appears that the deceased died due to cardiac arrest. It is further submitted that the petitioner is languishing in judicial custody since 21.07.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biddupur P.S. Case No. 399 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Manishkr/- U T