Sudama Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59311 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- KADIRGANJ District- Patna ====================================================== SUDAMA PRASAD Son of Jag Narayan Prasad Resident of Vineka Pali Tola, Barbigha, P.S.- Kadirganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Kumar Singh For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the Informant is also present. The petitioner is in custody since 08.07.2019 on his surrender in connection with Kadirganj P.S. Case No. 23 of 2019 for the offence registered under Sections 341, 323 and 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code added.
Learned counsel for the petitioner submits that though the petitioner is not named in the first information report, after three days of the occurrence, the informant has brought in the name of the petitioner with seven other persons. It is further submitted that there is no specific allegation of attack by the petitioner on the deceased. It is further submitted that the petitioner and the informant are agnates and there is dispute
Patna High Court CR. MISC. No.59311 of 2019(2) dt.18-10-2019 2/2 between the parties. It is further submitted that similarly situated co-accused person, namely, Ram Janam Singh has since been extended the privilege of bail vide order dated 05.08.2019 passed in Cr. Misc. No. 48587 of 2019. It is further submitted that there was a pressure on him and his brother not to give evidence in Kadirganj P.S. Case No. 68 of 2016 and, therefore, the petitioner has been made accused in connection with the present case.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Masauhi, Patna in connection with Kadirganj P.S. Case No. 23 of 2019.
(Anjana Mishra, J) Jagdish/- U T