Shatrudhan Prasad @ Shatrughan Prasad @ Shatrudhan Parasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39181 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Shatrudhan Prasad @ Shatrughan Prasad @ Shatrudhan Parasad, S/o Late Satyanarayan Prasad Shah R/o Moh- Lichhi Bagan, Bhavdevpur, Ward No.23, Hospital Road, P.S.- Sitamarhi (Town), District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate Mr. Mukesh Kumar Singh, Advocate For the son of the deceased : Mr. Rajendra Narayan, Sr. Advocate Dr. Rajesh Kumar Singh, Advocate Mr. Anant Kumar Bhaskar, Advocate Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.
Bharat Prasad and his wife were murdered in their house. Only son of Bharat Prasad was a Doctor in Australia. The FIR of the occurrence is against unknown. During investigation, suspicion was raised that the petitioner, who is brother of the deceased, just to grab the property of the deceased, took the domestic servant and cook and hatched a conspiracy and the murder is result of the conspiracy. Submission of learned counsel for the petitioner is that all
Patna High Court CR. MISC. No.39181 of 2019(6) dt.26-09-2019 2/2 others co-accused have been allowed bail by different Coordinate Benches of this Court including the cook and servant employed there. False allegation is there that the petitioner had any claim on the property of the brother which is already being sold by the son of the deceased through the holder of power of attorney. Learned Senior Counsel for the son of the deceased person opposed the prayer for bail.
Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released 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 below where the case is pending in connection with Sitamarhi Police Station Case No. 373 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(Birendra Kumar, J) Kundan/- U T