Birbal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50577 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== BIRBAL PRASAD Son of Harilal Prasad Resident of Village - Brit Belwa, P.S.- Kuchaikote, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh A.P.P For the Informant/s :

Mr Javed Aslam Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B read with 34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, allegation against the petitioner is of hatching conspiracy with other co-accused persons for the commission of murder of the informant's husband.

Patna High Court CR. MISC. No.50577 of 2022(2) dt.12-12-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases which are not related to murder. Learned counsel has further submitted that the petitioner was arrested prior to the said occurrence that is on 08.02.2022. The petitioner is in custody since 10.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kuchaikote P.S. Case No. 52 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T