Binek Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23462 of 2020 Arising Out of PS. Case No.-188 Year-2019 Thana- PARSA District- Saran ====================================================== BINEK PRASAD Son of Late Bhulan Prasad Resident of Village - Bathui, P.S. - Parsa, Distt. - Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Choudhary Shyam Nandan, for the informant. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Parsa P.S. Case No. 188 of 2019 for the offenses under Sections 341, 323, 325, 302, 504, 506, 34 of the Indian Penal Code. Allegation against the petitioner is that he has assaulted the informant and thereafter his son has given Lathi blow on the head of the husband of the informant which was proved fatal and the husband of the informant died due to the aforesaid injury.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner is in custody since 16.3.2020. The allegation of assault on the head of the husband of the informant, which has been proved fatal, is
Patna High Court CR. MISC. No.23462 of 2020(3) dt.20-02-2021 2/2 against the son of the petitioner and not the petitioner Considering the fact that the petitioner has no criminal antecedent and the fact that the petitioner has not given any blow on the head of the deceased which was proved fatal, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Saran, Chapra in connection with Parsa P.S. Case No. 188 of 2019.
(Anil Kumar Upadhyay, J) spandey/- U