Pahlad Kumar @ Prahlad Kumar @ Prahlad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31516 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- KARPI District- Jehanabad ====================================================== PAHLAD KUMAR @ PRAHLAD KUMAR @ PRAHLAD Son of Haricharan Das Resident of Village - Rampur Chai, P.S.- Karpi, Distt.- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Karpi (Sahar Telpa) PS case no. 83 of 2020 instituted for the offences punishable under Sections 307 and other allied sections of Indian Penal Code.

The allegation as per the first information report is that all the 07 named accused persons including the petitioner herein had come to the field in question, where the informant and his brother were working, whereafter they had assaulted the informant and his brother with lathi, danda and khanti, resulting in the death of the brother of the informant during the course of treatment.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.31516 of 2021(2) dt.13-12-2021 2/3 implicated in the present case, is having a clean antecedent and is languishing in custody since 23.09.2020. The learned counsel for the petitioner has further submitted, by referring to an order dated 12.08.2021 passed in Cr. Misc. no. 21107 of 2021, whereby and whereunder a similarly situated co-accused person has already been granted bail, that the Hon'ble Court had noticed the fact that though the post mortem report would show only one injury, however allegation of assault are general and omnibus against all the 07 named accused persons. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of case of the petitioner with that of the co-accused person who has been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional District & Sessions Judge-VII,

Patna High Court CR. MISC. No.31516 of 2021(2) dt.13-12-2021 3/3 Jehanabad in connection with Karpi (Sahar Telpa) PS case no. 83 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T