Patna High CourtCR. MISC./30670/2020allowed

Bhola Prasad @ Bhola Seth @ Bhola Soni v. The State Of Bihar

2020-12-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30670 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== BHOLA PRASAD @ BHOLA SETH @ BHOLA SONI Son of Badri Seth @ Badri Nath Prasad Resident of Village - Gorari, P.S.- Karakat, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

For the Opposite Party/s : Mr. Satyanand Shukla, APP For the Informant :

Mr. Raghunandan Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Karakat P.S. Case No. 69 of 2020 for the offence under Sections 376 of the Indian Penal Code and 3/4 of the POSCO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged after lapse of 8 months from the date of occurrence without explaining the plausible delay which creates doubt over the prosecution version. Moreover, final form in this case has been submitted. The police in the

Patna High Court CR. MISC. No.30670 of 2020(2) dt.15-12-2020 2/2 supervision report has not found the involvement of the petitioner in the alleged occurrence which is evident form Annexure-4. The petitioner is rotting in judicial custody since 01.04.2020.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional Sessions Judge, Sasaram, Rohtas, in connection with POSCO case No. 20 of 2020/ Karakat P.S. Case No. 69 of 2020.

(Arvind Srivastava, J) brajesh/- U T