Patna High CourtCR. MISC./59371/2021bail granted

Hemraj Prasad v. The State Of Bihar

2022-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59371 of 2021 Arising Out of PS. Case No.-275 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Hemraj Prasad S/O Shankar Pradad R/O Village- Lakhanpur, P.S.- Moffasil, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinod Kumar, Advocate For the Opposite Party :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code. As per the prosecution case, this petitioner and coaccused Raushan, Rahul and Shayam Sao caught hold of the victim and co-accused Sambhu Verma stabbed him as a result of which he sustained injuries and died during treatment. Learned counsel for the petitioner submits that the direct and specific allegation of stabbing leading to the death of the victim, is against Sambhu Verma and there is general and omnibus allegation against the petitioner that he along with other three accused persons caught hold of the victim to facilitate the crime. Petitioner is in custody since 14.7.2021.

Patna High Court CR. MISC. No.59371 of 2021(2) dt.07-02-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Mofassil Police Station Case No. 275/2021. (Prabhat Kumar Singh, J) Shashi U T