Jai Prakash @ Mallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51487 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== JAI PRAKASH @ MALLU, aged about 25 years (M), Son of Amarjeet Sah @ Amrit Sah, Resident of Village - Allal Patti, P.S.- Laheriasarai (Benta O.P.), District - Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Kumar, Advocate.

For the State :

Mrs. Dr. Indiwar Kumari, A.P.P.

For the Informant : Mr. Kedar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2019 Heard learned counsels for the petitioner, informant and learned A.P.P. for the State.

The petitioner is languishing in custody since 10.05.2019 in a case for the offence registered under Sections The prosecution story, in brief, is that on 07.05.2019 at about 8.20 P.M. in the night, the son of informant, namely, Danish, had gone to the house of accused Sonu Kumar in order to collect dues money where all F.I.R. named accused persons and some unknown persons hatching conspiracy caught hold his son and Sonu Kumar assaulted his son by dagger and got him badly injured. The injured was taken to hospital for treatment and prior to treatment, his son was declared to be dead. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.51487 of 2019(2) dt.21-08-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of restatement of the informant. The main allegation of assault is alleged against coaccused Sonu Kumar. No allegation of assault is alleged against this petitioner.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Darbhanga, in connection with Laheriasarai (Benta O.P.) P.S. Case No. 175 of 2019.

(Sudhir Singh, J) U.K./- U T