Krishna Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 65342 of 2023 Arising Out of PS. Case No.-152 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Krishna Prasad S/O- Late Sunar Sah Village- Naga Road Ps- Raxaul DistE.Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Adv.
For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 576 of 2023 arising out of Raxaul P.S. Case No. 152 of 2021 dated 28.04.2021, lodged under Sections 328, 302, 420, 406 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the present petitioner against whom there is an allegation that he and his son in connivance with each other have provided poison in the cold drink of the informant's son, due to which the son of the informant died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further
Patna High Court CR. MISC. No. 65342 of 2023(5) dt.27-02-2024 2/2 submits that the antecedent of the petitioner is clean and he is in custody since 24.06.2023 and his name has figured in this case only and only due to the reason that he is the father of the coaccused.
5. Learned A.P.P. for the State opposes the prayer for bail.
6. Learned counsel for the informant on the other hand submits that on previous occasion, this Court has called for the progress report of the case. The report has come in which it has been stated that five witnesses have already been examined and the Trial Court has taken 2-3 months time for conclusion of the trial. He also submits that the bail application of the petitioner was cancelled by the Hon'ble Supreme Court.
7. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected at present.
(Dr. Anshuman, J.) sadique/- U T