Dayanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59863 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Dayanand Prasad S/o- Late Awadh Kishore Prasad Village- Sosandi PSRahui Dist- Nalanda A/P- Nathupur Kusumpur Colony PS- Parsa Bazar DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 191(2), 191(3), 190, 109, 132, 351(2), 352 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

3. The prosecution case, in brief, is that the informant namely Neeraj Kumar (A.S.I.) received an information that some miscreants were firing due to land dispute and some persons were hatching criminal conspiracy at the house of coaccused Dharmendra Kumar. Upon which, informant along with other police personnel reached at the place of occurrence and surrounded the house of co-accused Dharmendra Kumar, where

Patna High Court CR. MISC. No.59863 of 2025(2) dt.04-09-2025 2/3 accused persons opened 4 round firing upon police personnel with an intention to kill them. During this operation, several accused persons managed to escape but two accused were apprehended by the police and on interrogation, they disclosed their name as Suraj Kumar @ Guddu and Tinku @ Ashish and also disclosed the name petitioner and others, who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of confessional statement of co-accused, who were apprehended on spot. No incriminating article has been recovered either from possession or house of this petitioner. Petitioner has got no criminal antecedent of similar nature.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XI, Patna in connection with Kankarbagh P.S. Case

Patna High Court CR. MISC. No.59863 of 2025(2) dt.04-09-2025 3/3 No. 166 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) anay U T