Sheshnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.363 of 2022 Arising Out of PS. Case No.-74 Year-2020 Thana- SANJHOLI District- Rohtas ====================================================== Sheshnath Prasad Son Of Late Ramji Prasad Resident of Village- Gangajala Bhawanipur, P.S.- Sanjhauli, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sanjhauli P.S. Case No. 74 of 2020 registered under Sections 341, 323, 504, 506, 307, 302 and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 18.05.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that the petitioner along with Suraj and Arun came to his house armed with lathi and bricks and assaulted the wife of the informant, further Rita and Anu caught his wife dashed her on the ground and Suraj assaulted brutally on her stomach. The learned counsel submits that the petitioner and co-accused are agnates and on account of land dispute the occurrence took place though it is alleged that the victim was brutally assaulted,

Patna High Court CR. MISC. No.363 of 2022(2) dt.16-05-2022 2/2 subsequently died but from the medical report it would manifest that the doctor has found a faint bruise over left side of lower end of the chest. It is further submitted that from the F.I.R. it is not clear who had caused the said injury, what was the cause of the death of the wife of the informant. It is further submitted that coaccused Rita Devi has been granted bail by order dated 12.04.2022 in Criminal Misc. No. 66184 of 2021 and co-accused Suraj Kumar has been granted bail by order dated 27.08.2021 in Criminal Misc. No. 12686 of 2021.

The 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 18.05.2021, is a person with clean antecedent and chargesheet has been submitted in the case and co-accused have been granted bail, the petitioner above named is directed to be released on 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 Sanjhauli P.S. Case No. 74 of 2020.

(Satyavrat Verma, J) ved/- U T