Sushil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51994 of 2014 Arising Out of PS.Case No. -136 Year- 2014 Thana -MADANPURA District- AURANGABAD ====================================================== Sushil Prasad, son of Jairam Prasad, resident of Village-Raksel Tendua, Police Station-Hariharganj, District-Palamu (Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Tej Narayan Singh, Advocate For the Opposite Party : Mr. Kr. Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner, Sushil Prasad, seeks regular bail in Madanpur P.S. Case No.136 of 2014, registered under Sections 307 and other sections of the Indian Penal Code, under Section 27 of the Arms Act, under Section 3/4 Explosive Substance Act and under Section 17 of the C.L.A. Act.

Md. Shahood Akhtar Ansari, S.H.O. of Madanpur Police Station, alleged that about thousand persons surrounded the Police Station and pelted stones. The members of the mob opened fire and also exploded bombs.

Learned counsel for the petitioner submits that though the petitioner is named in the first information report, but no specific allegation is made against the petitioner. Co-accused Dharmendra Paswan and Jai Nath Prasad have already been

Patna High Court Cr.Misc. No.51994 of 2014 (2) dt.05-01-2015 2/2 granted bail.

Perused the record.

The police during course of investigation found the case untrue against the petitioner. It appears that the petitioner is, of course, named in the First Information Report, but no specific allegation is made against the petitioner. Other two co-accused, namely, Dharmendra Paswan and Jai Nath Prasad have already been granted bail by this Court by order passed in Cr. Misc. No.50609 of 2014 and Cr. Misc. No.50471 of 2014. Having considered the aforesaid facts, his prayer for bail is allowed.

The petitioner, above named, is directed to 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 Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No.136 of 2014. (Prabhat Kumar Jha, J) Pawan/- U T