Umesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48595 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Umesh Prasad Son of Kailash Prasad @ Kailash Yadav, R/o VillagePunama, P.S.- Bazirganj, District- Gaya at present Panchayat Sevak Cum panchayat Secretary, Kurre, District- Jehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Ghoshi P. S. Case No. 88 of 2016 registered under Section 409 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that altogether seven persons including the petitioner have been made named accused in the FIR and out of them co-accused Birendra Sharma @ Birendra Kumar, Kailash Paswan, Devendra Sharma @ Devendra Kumar and Dilip Kumar Mishra have already been granted pre-arrest bail vide orders passed in Cr. Misc. Nos. 31699 of 2016, 33257 of 2016, 26331 of 2016 and
Patna High Court Cr.Misc. No.48595 of 2017 (2) dt.18-10-2017 2/2 31047 of 2016 respectively. He submitted that the case of the petitioner stands identical to that of other co-accused persons, who have already been granted pre-arrest bail.
Learned Additional Public Prosecutor for the State has opposed the application for grant of pre-arrest bail to the petitioner. However, he admits that other co-accused having identical allegation to that of the petitioner, have been granted prearrest bail by different Benches of this Court. Considering the submissions made on behalf of the parties, the petitioner named above is directed to 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 Chief Judicial Magistrate, Jehanabad in Ghoshi P. S. Case No. 88 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.
(Ashwani Kumar Singh, J.) Kanchan/- U T