Jyoti Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45221 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== JYOTI SHANKAR PRASAD Son of Late Lal Babu Sao Resident of VillageDumri, P.S.- Parwalpur, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the informant :

Mr. Manish Kumar, Advocate Mr. Sudarshan Kumar, Advocate For the Opposite Party/s :

Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Parwalpur P.S. Case No. 124 of 2018, instituted for the offence under Section(s) 328, 302 and 120B/34 of Indian Penal Code.

Allegation against the petitioner is that he along with staff of wife of Ashok Singh, namely, Jyotishankar Prasad and villager of the informant Bhuna Ravidas called the husband of the informant and took him to the house of Ashok Singh. Later on, the informant got information that Jyoti Shankar Prasad is lying unconscious. The informant went there and found dead body of her husband lying on the roof of Ashok Singh. The informant has raised suspicion that her husband has been done to death by administering poison by Ashok Singh and

Patna High Court CR. MISC. No.45221 of 2019(2) dt.25-07-2019 2/2 his wife Sabita Devi.

Counsel for the petitioner submits that there is no allegation of any specific overt act against the petitioner. Mere suspicion has been raised against him. He further submits that co-accused Bhuna Ravidas has already been granted bail by coordinate Bench of this Court vide order dated 7.5.2019 passed in Cr. Misc. 11877 of 2019.

Counsel for the informant has appeared and opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Parwalpur P.S. Case No. 124 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T