Prem Prakash @ Bipul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68379 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== PREM PRAKASH @ BIPUL Son of Surendra Ram Resident of VillageBhalui, P.S.- Raja Pakar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 325, 307, 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that on account of objection raised by the informant with regard to flowing of water, the petitioner along with named accused persons came to the house of the informant, variously armed, and Surendra Ram gave indiscriminate blow by iron rod on the head of the husband of the informant causing
Patna High Court CR. MISC. No.68379 of 2021(2) dt.20-04-2022 2/3 injury and when her sons Manoj, Manish and nephew Abhimanyu came to save him, the accused assaulted them also causing injury on head, hand and near the eyes respectively. It is further alleged that during the course of treatment, the husband of the informant died.
Learned counsel for the petitioner submits that admittedly on account of dispute relating to flowing of water, the occurrence took place, the specific allegation of assault is alleged against Surendra Ram who has been granted bail vide order dated 29.03.2022 passed in Cr. Misc. No. 63095 of 2021. It is submitted that there is a delay of 3 days in lodging of the F.I.R. Learned counsel further submits that though the deceased was admitted in three government hospitals but none of the government hospitals informed the police that such an occurrence had taken place for which the patient had come for treatment.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 31.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the co-accused has been granted bail, let the petitioner above named be released on
Patna High Court CR. MISC. No.68379 of 2021(2) dt.20-04-2022 3/3 bail 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 court below where the case is pending/successor court in connection with Rajapakar P.S. Case No. 173 of 2020.
(Satyavrat Verma, J) Rishi/- U T