Mishree Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42132 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MISHREE LAL PRASAD S/O LATE YOGILAL PRASAD R/O VILLAGEDEKAHA FAKIRA TOLA, P.S-MUFFASIL MOTIHARI, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Motihari Muffasil P.S. Case No. 476/2020 registered for the offences punishable under Sections 302/120-B of the Indian Penal Code 1860.

The allegation in nutshell is that three persons arrived at the door of the informant and took her father-in-law along with them and on the next date, the dead-body of the informant's father-in-law was found in the field having cut injury on his neck. The name of petitioner along with others have been disclosed by the informant that they used to threaten

Patna High Court CR. MISC. No.42132 of 2021(4) dt.21-04-2022 2/3 the father-in-law and husband.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case due to previous enmity. He further submits that except suspicion against the petitioner and other named accused persons, no other material is there against the petitioner. He next submits that other similarly situated coaccused persons were granted regular/anticipatory bail by this Court and by a co-ordinate Bench of this Court in Cr. Misc. 58596/2021, 439/2022 and 20826 of 2021 respectively. The petitioner is in custody since 8.2.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons have been granted regular/anticipatory bail by this Court as well as by a co-ordinate Bench of this Court, the petitioner has got no criminal antecedent and except suspicion, there is no other material against him, he is in custody since 8.2.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

Patna High Court CR. MISC. No.42132 of 2021(4) dt.21-04-2022 3/3 released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case No. 476 of 2020.

(Anil Kumar Sinha, J) S.Ali/- U T