Ashutosh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55925 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- KOPA District- Saran ====================================================== Ashutosh Kumar Prasad Son of Triloki Nath Prasad Resident of VillageMansar, P.S.- Kopa, District- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code. Prosecution case, in short, is that on 7.3.2019 at 10 p.m. in the night petitioner called informant's son Firoz by phone and after some time petitioner and one Dinesh Kumar Ram came to informant's house and took her son with them to watch orchestra. At about 1.15 a.m. the accused persons including the petitioner came to informant's house making noise. When informant and her daughters woke up and came outside the door and saw the accused persons were putting the dead body at the door of informant. Out of aforesaid pesons Basant Kumar Sah, Vivek Kumar Sah and Deepak Kumar Sah

Patna High Court CR. MISC. No.55925 of 2019(2) dt.06-09-2019 2/2 after removing cloth from stomach of informant's son Firoz Alam asked that he died of knife blow injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.01.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to alleged assault which led to death of the deceased.

On behalf of the State, it is submitted that the petitioner is 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 learned Additional Chief Judicial Magistrate Vth, Saran at Chapra in connection with Kopa P.S. case No.32 of 2019.

Narendra/- (Sudhir Singh, J) U T