Dr. Prabhu Prasad @ Prabhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46494 of 2016 Arising Out of PS.Case No. -103 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dr. Prabhu Prasad @ Prabhu Prasad Son of Shri Rajendra Prasad Resident of Village-Sirha, P.S.- Pakridayal, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and it is alleged that he along with two other unknown persons participated in the alleged crime.

Submission on behalf of the petitioner is that the written report of the informant itself goes to show that petitioner was well known to the informant from before the alleged occurrence. It is further submitted that, as a matter of fact, the motorcycle of the petitioner was taken by a person, who caused an accident, in which informant's father sustained injury and, subsequently, the informant and his family members seized the

Patna High Court Cr.Misc. No.46494 of 2016 (3) dt.05-12-2016 2/2 said motorcycle. Anyhow, the matter was negotiated but the informant and his family members gave threatening to the petitioner . It is further submitted that after the aforesaid threatening, the informant lodged this case against the petitioner. Moreover, nothing has been recovered from conscious possession of the petitioner, who is languishing in jail custody since 02.08.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Pakridayal P.S.Case No. 103 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T