Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57709 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== Anil Prasad Son Of Late Bandhu Prasad Resident Of Rajendra College, Bahari Sadak, Narayanpur Colony, P.S- Bhagwan Bazar Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhagwan Bazar P.S. Case No. 108 of 2020 registered under Sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case in nutshell is that the petitioner along with other co-accused persons committed murder of the informant's husband due to previous enmity.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. It is further submitted that charge has already been framed in this case and trial has commenced. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.57709 of 2022(2) dt.01-02-2023 2/2 During course of investigation, no witness has come forward to claim himself as the eye-witness of the occurrence. A general and omnibus allegation has been made against altogether six accused persons including the petitioner. Similarly situated other co-accused persons have already been granted bail by this coordinate Bench of this Court vide order dated 03.08.2022 in Cr. Misc. No. 21840 of 2022 and order dated 13.04.2022 in Cr Misc. No. 31283 of 2021. Petitioner is languishing in judicial custody since 03.03.2020.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwan Bazar P.S. Case No. 108 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Saran at Chapra. (Sunil Kumar Panwar, J) shubham/- U T