Satyanarayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1057 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== SATYANARAYAN PRASAD S/o Jagdish Prasad R/o Mahdeiya, P.s.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-06-2021 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Yogendra Kumar, learned counsel for the State through video conferencing.

Petitioner seeks regular bail in connection with Minapur P.S. Case No. 159 of 2020 registered under Section 341, 323, 307, 302, 504, 34 of the I.P.C.

The allegation as per the First Information Report is that a quarrel had taken place between the petitioner and his neighbour due to dispute relating to drainage. It has further been alleged that petitioner assaulted the son of the informant by means of Khanti on his chest and further co-accused / Sudhir Kumar hit him by means of iron rod near his shoulder - neck and also pressed the neck of the victim due to which the son of the informant died.

Patna High Court CR. MISC. No.1057 of 2021(3) dt.15-06-2021 2/3 Learned counsel for the petitioner submits that both the parties are neighbours and due to dispute relating to drainage the scuffle had taken place between them. Learned counsel further submits that from perusal of the First Information Report it would be evident that petitioner has given a single blow on the chest of the victim whereas there is specific allegation of assault near the neck and upper portion of the body upon the coaccused / Sudhir Kumar. Learned counsel next submits that from perusal of the post- mortem report it would be evident that the cause of death is not due to assault made by the petitioner. The petitioner is in custody since 11.05.2020 and charge sheet has already been submitted.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, nature of allegation, the fact that both the parties are close door neighbours, petitioner is in custody since 11.05.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in

Patna High Court CR. MISC. No.1057 of 2021(3) dt.15-06-2021 3/3 connection with Minapur P.S. Case No. 159 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T