Prashant Kumar @ Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23047 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- AGION (GARHANI) District- Bhojpur ====================================================== PRASHANT KUMAR @ PRINCE Son of Ujendra Singh Resident of Vill.- Srirampur, P.S.- Udwantnagar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Vardhan For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Agiaon (Garahani) P.S. Case No. 121 of 2022 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, petitioner along with other co-accused persons came and demanded dues amount of Rs. 14,000/- from the grandson of the informant namely Chhotu Kumar. Thereafter, Chhotu Kumar replied that if they would return his generator, he would pay their money upon which on the order of co-accused Mulayam Yadav, Sonu Kumar, Vishal Kumar and Nitish Kumar indiscriminately fired upon Chhotu Kumar (informant's grandson) due to which he sustained three

Patna High Court CR. MISC. No.23047 of 2023(2) dt.18-05-2023 2/3 bullet injuries on his chest and neck and fell down. Learned counsel for the petitioner submits that petitioner is in custody since 07.11.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is innocent and has falsely been implicated in this case. Allegations against the petitioner is general and omnibus in nature. There is no specific overt-act against the petitioner. Petitioner is only a member of mob. Co-accused Mulayam Yadav, who happens to be the order giver, has already been granted bail vide Cr. Misc. No.

4906 of 2023 by a co-ordinate bench of this court and the case of present petitioner stands on better footing as there is no overt-act against the petitioner. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.23047 of 2023(2) dt.18-05-2023 3/3 petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur in connection with Agiaon (Garhani) Case No. 121 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T