Patna High CourtCR. MISC./35086/2025bail granted

Prabhakar Pandey @ Bulbul Pandey v. The State Of Bihar

2025-09-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35086 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Prabhakar Pandey @ Bulbul Pandey S/o Late Birendra Pandy R/o vill - Belishrai Near Nashih Baba Temple, P.s.- Town (Motihari), Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla For the Informant :

Mr. Dhander Kumar Mr. Sumit Kumar Gupta.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 1076 of 2024 arising out of Town P.S. Case No. 190 of 2024 registered for the offence under Section 302 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of killing the deceased.

4. The petitioner is in custody since 30.03.2024.

5. It has been submitted by the learned counsel for the petitioner that the deceased had gone to defecate near the boundary of the temple and because of that the petitioner, being

Patna High Court CR. MISC. No.35086 of 2025(4) dt.04-09-2025 2/2 the Pujari of the temple, who was staying in the temple and taking care of the same, became angry and all of a sudden he started beating the deceased. He further submits that the incident has taken place because of grave and sudden provocation and no offence under Section 302 of the Indian Penal Code is made out.

6. Learned counsel for the informant has vehemently opposed the application of the petitioner.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-10, Motihari, Est Champaran/concerned Court below in connection with Sessions Trial No. 1076 of 2024 arising out of Town P.S. Case No. 190 of 2024.

(Sandeep Kumar, J) Vikas/- U