Binod Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34781 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Binod Prasad S/o Dashai Prasad R/o Mohalla- Mahuwava Ward No. 16, P.S.- Pipra, District- Motihari (East Champaran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshul, Sr. Adv.
Mr. Diwakar Prasad Singh, Adv.
Mr. Hemant Kumar Sharan, Adv.
Mr. Amardeep Lokpriya, Adv.
Mr. Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP For the Informant :
Mr. Krishnakant Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-10-2025 Heard the parties.
2. The petitioner seeks bail in connection with Pipra P.S. Case No. 357 of 2024 registered for the offence under Sections 137, 140(3) of BNS.
3. The petitioner is named in the F.I.R. and is in custody since 12.01.2025.
4. As per FIR, the son of the informant was called from his house on 29.11.2024 at about 5 PM by named coaccused persons whereafter his mobile phone was found switched off. The informant show apprehension that his son might be killed by co-accused Krishna Mahto, as on earlier
Patna High Court CR. MISC. No.34781 of 2025(2) dt.10-10-2025 2/3 occasion he threatened his son to kill.
5. Mr. Anshul, learned senior counsel appearing on behalf of the petitioner submitted that the petitioner was not amongst the person who called deceased son of the informant from his home. It is submitted that mere the petitioner is the father of one Manisha Kumari with whom the deceased son of informant was in relation and therefore his name was given as one of the conspirator. It is submitted that even out of said suspicion nothing incriminating recovered/ surfaced during investigation as to connect petitioner prima-facie with present crime in question. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by Mr. Krishnakant Singh, learned counsel for the informant could not disputed the aforesaid factual submissions as advanced by learned senior counsel for the petitioner.
7. In view of aforesaid facts and circumstances as
Patna High Court CR. MISC. No.34781 of 2025(2) dt.10-10-2025 3/3 petitioner was not alleged to involved in calling of deceased son of the informant from his home, where prima-facie maximum allegation against this petitioner is being one of the conspirator, coupled with fact that investigation of this case is already completed, where petitioner remains in custody since 12.01.2025, accordingly petitioner above named, is directed to be released on bail in connection with Pipra P.S. Case No. 357 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U