Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37096 of 2023 Arising Out of PS. Case No.-831 Year-2022 Thana- GAURICHAK District- Patna ====================================================== KAMESHWAR PRASAD, Son of Late Ramprasad Rai Resident of village - Ajimchak, P.s. - Gaurichak, Distt. - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Narayan, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gaurichak P.S. Case No. 831 of 2022 dated 16.12.2022 registered for the offences punishable u/ss 302 and 201 of the Indian Penal Code.

As per the prosecution case, the informant's mother left her house and did not return. Thereafter, the informant searched his mother, the dead body of his mother was found at Patna-Gaya Road near John Dear, Tractor godown, Azimchak. When the informant's family and villagers reached there and saw the dead

Patna High Court CR. MISC. No.37096 of 2023(2) dt.07-07-2023 2/2 body of the informant's mother. The head injury and blood mark was found in the body of the informant's mother. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case in the confessional statement of the coaccused Mahesh Mahto. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, Patna in connection with Gaurichak P.S. Case No. 831 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T