Mithilesh Prasad @ Mithlesh Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.21152 of 2018 (2) dt.10-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21152 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -DUMARIA District- GAYA ====================================================== Mithilesh Prasad @ Mithlesh Prasad, , son of Ramdeo Mahato, resident of Village Kolhubar, PS Dumariya, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-04-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 23.1.2018, seeks bail in Dumariya PS Case No. 28 of 2017, registered under Sections 147, 148, 149, 302, 435 and 379 of the IPC.

The allegation in brief is that Satyendra Prasad snatched rifle of the informant and shot at him, thereafter others assaulted the informant indiscriminately with lathi and danda. Submission is that in fact the deceased opened fire from his rifle causing injury to Guriya, she also lodged a case Against him, later on public at large apprehended him and assaulted. Learned Counsel seeks bail of the petitioner on the ground of parity as other co-accused similarly situated namely Anil Prasad and others have been granted bail by different benches of this Court. Having considered the said facts and circumstances, the petitioner Mithilesh Prasad @ Mithlesh Prasad is directed to 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 SDJM Sherghati at Gaya in connection with Dumariya PS Case No. 28 of 2017.

Snkumar/- (Arun Kumar, J) U T