Prakash Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25107 of 2024 Arising Out of PS. Case No.-28 Year-2018 Thana- BARHAT District- Jamui ====================================================== PRAKASH RANA S/O LATE RAMESHWAR RANA R/O VILLAGEAMBA TOLA, MUSAHRITAND, P.S- BARHAT, DISTT.- JAMUI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of regular bail in connection with S.T no.352 of 2023, arising out of Barhat P.S Case no.28 of 2018 registered under sections 302, 147, 148, 149, 201 and 427 of the Indian Penal Code, sections 3 and 4 of the Prevention of Damage to Public Property Act, section 27 of the Arms Act and sections 9, 10, 13, 16, 18, 20 and 21 of the U.A.P Act.
3. As per the prosecution case, on the informant having received information about an attack by the naxalites, it is stated that the informant along with the police personnel reached the place of occurrence and two dead bodies, one from the common room of the school and the other from the field
Patna High Court CR. MISC. No.25107 of 2024(2) dt.10-04-2024 2/3 near the school were recovered. Empty cartridges etc. were recovered and the brother of the deceased disclosed the names of 61 accused persons including the petitioner herein.
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 16.10.2023 passed in Cr. Misc. no.12609 of 2023 giving liberty to the petitioner to renew his prayer for bail after framing of charge. Referring to the contents of the supplementary affidavit filed on behalf of the petitioner, learned counsel for the petitioner submits that charge has been framed against the petitioner in the learned trial Court on 22.7.2023. The petitioner is in custody since 4.3.2021 and undertakes to cooperate in the trial.
5. The prayer 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 material on record, the observation given in the earlier order of rejection dated 16.10.2023, charge having been framed in the learned trial Court on 22.7.2023 and the petitioner having remained in custody since 4.3.2021, the petitioner is directed to be enlarged on bail in connection with S.T no. 352 of 2023 (arising out of Barhat P.S Case no.28 of
Patna High Court CR. MISC. No.25107 of 2024(2) dt.10-04-2024 3/3 2018) 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-III, Jamui. (Partha Sarthy, J) Shiv/- U T