Pradeep Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40304 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- ROSHANGANJ District- Gaya ====================================================== Pradeep Prajapat, Son of Ramdas Prajapat, Resident of Village- Hussainganj, P.S.- Banke Bazar, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Veer For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Raushanganj (Banke Bazar) P.S. Case No. 31 of 2018 registered for the offence punishable under Sections 147, 148, 149, 457, 323, 307, 354 and 302 of the Indian Penal Code.

Informant in his written complaint has alleged that on 06.03.2018 at about 10:00 pm petitioner along with FIR named accused variously armed with lathi, danda, knife and iron rod entered in her house and started assaulting her husband on account of which he sustained injuries, who later on died during the course of treatment.

It has been submitted on behalf of the petitioner that the Doctor in the post mortem report has not found any injury caused by sharp edge weapon rather the injury has been caused

Patna High Court Cr.Misc. No.40304 of 2018(5) dt.25-10-2018 2/2 by hard blunt substance. It has been further submitted that in the FIR allegation against the petitioner is of inflicting knife blow. Petitioner has got no criminal antecedent and is in custody since 08.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Sherghati, Gaya, in connection with Raushanganj (Banke Bazar) P.S. Case No. 31 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U