Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21563 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== SURESH PRASAD Son of Late Ram Belash Ram (Head Clerk of Registry Office, Daudnagar), Resident of Mohalla - Bankatwa, P.S.- Bagaha, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons took away the brother of the informant to the residence of the Computer Operator, namely, Mukesh Kumar and due to monetary dispute all the persons assaulted the brother of the informant due to which he sustained head injury and he became unconscious. During the treatment, the brother of the informant died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21563 of 2023(3) dt.26-07-2023 2/2 petitioner is innocent and has been falsely implicated in this case. He further submits that after the investigation the police has filed final form against the petitioner but the learned Court below differed with the final form and took cognizance against the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Daudnagar P.S. Case No.315/20222, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T