Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19725 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- KARAI PARSURAI District- Nalanda ====================================================== Sanjay Prasad S/O Jarurat Prasad R/O Village- Jogan Bigha, P.S. Karaiparsurai, Distt.- Nalanda At Biharsharif ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishore Prasad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 324, 34 of the Indian Penal Code.
As per FIR, petitioner to have given order to one of the co-accused Kundan Kumar who opened fire which led to death of the son of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is only the order giver. He submits that there is no specific overt act against the petitioner. He submits that there is specific allegation against co-accused Kundan Kumar. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Patna High Court CR. MISC. No.19725 of 2023(3) dt.27-06-2023 2/2 Learned APP for the State and learned counsel for the informant oppose the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karaipasurai P.S. Case No. 90 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T