Masudan Prasad @ Masudan Prarsad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25899 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Masudan Prasad @ Masudan Prarsad Son of Rama Resident of VillageManrup Tola, P.S. - Masaurhi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheonandan Pandit, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2025
1. Heard learned counsel for the parties.
2. The petitioner in this application prays for bail apprehending his arrest in connection with Masaurhi P.S. Case no.4 of 2024 registered for the offence punishable under sections 307, 323, 341, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that on reaching near the place of occurrence, the three accused persons including the petitioner herein and two unknown persons who are all criminals got up. It is further stated that the co-accused Gorakh @ Dharamveer Kumar fired at him as a result of which he sustained gunshot injuries on his chest. He
Patna High Court CR. MISC. No.25899 of 2025(2) dt.09-05-2025 2/3 fell down injured. The accused made an attempt to escape but the main accused namely Gorakh @ Dharamveer Kumar was caught by the persons who had gathered there.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Referring to the contents of the FIR, it is submitted that from the contents thereof, it would be evident that except for naming the petitioner as an accused who was present at the place of occurrence, no allegation/role has been assigned to him whatsoever and no overt act has been alleged against him. The co-accused Maruti Kumar @ Amarjit Kumar has been enlarged on regular bail vide order dated 4.4.2024 passed in Cr. Misc. no.21845 of 2024. The petitioner undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the main/sole allegation being against co-accused Gorakh @ Dharamveer Kumar, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Masaurhi P.S. Case no.4
Patna High Court CR. MISC. No.25899 of 2025(2) dt.09-05-2025 3/3 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II, Masaurhi, District Patna. (Partha Sarthy, J) Saurabh/- U T