Patna High CourtCR. MISC./38299/2024bail granted

Om Prakash v. The State Of Bihar

2024-05-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38299 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Om Prakash Son Of Pradeep Ram @ Pradip Ram Resident Of Colony - Railway Gandak Colony, Police Station - Samastipur Town, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mithanpura Police Station Case No. 566 of 2023 registered for the offence under Sections 302 / 34 of the IPC and Section 27 Arms Act.

3. As per the prosecution case, two unknown persons on a motorcycle killed the son of the informant by firing on him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is not named in the FIR his name has been surfaced on the confessional statement of the co-accused Jafran @ Bholu. Petitioner is in custody since 30.12.2023. Similarly situated co-

Patna High Court CR. MISC. No.38299 of 2024(2) dt.23-05-2024 2/2 accused person has already been granted bail by this Court in Cr. Misc. No. 36269 of 2024 vide order dated 20.05.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Muzaffarpur, in connection with Mithanpura P.S. Case No. 566 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T