Sukdev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51984 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Sukdev Prasad S/o- Late Jagarnath Prasad Resident of Village- Dhekaha, Laxman Tola, P.S.- Muffasil Motihari, District- East Champaran. 2.

Ramesh Prasad S/o- Sukdev Prasad Resident of Village- Dhekaha, Laxman Tola, P.S.- Muffasil Motihari, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.N.Singh,APP Mr.Patanjali Rishi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

30-11-2021 At the outset, learned counsel for the petitioners submits that during pendency of this bail petition, petitioner no. 1 namely Sukdev Prasad has died and as such, this petition has become infructuous so far as petitioner no. 1 Sukdev Prasad is concerned.

Accordingly, the bail petition stands dismissed so far as petitioner no. 1 Sukdev Prasad is concerned. So far as petitioner no. 2 (Ramesh Prasad) is concerned, he is alleged to have assaulted brother of the informant Dhurandhar Prasad by farsa causing cut injury on his hand.

It is submitted on behalf of petitioner that doctor has found the injury on informant's brother to be simple in nature

Patna High Court CR. MISC. No.51984 of 2021(2) dt.30-11-2021 2/2 and petitioner no. 2 is in custody since 17.04.2021. However, learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition. It is submitted by learned counsel for the informant that there is specific allegation against petitioner (i.e. petitioner no. 2) of causing injury on informant's brother. Trial has already commenced and four witnesses have already been examined. Considering the nature of allegation and period of custody, the bail petition of petitioner no. 2 (Ramesh Prasad) is allowed. Let the above named petitioner no. 2 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 learned C.J.M., East Champaran, Motihari in connection with Motihari Muffasil P.S. Case No. 199 of 2021, G.R. Case No. 2333 of 2021.

(Prabhat Kumar Singh, J.) anay U T