Laliteshwar Prasad @ Bujhavan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41504 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -KADIRGANJ District- PATNA ======================================================

1. Laliteshwar Prasad @ Bujhavan Prasad, Son of Late Parmeshwar Prasad, Resident of Village- Baribigha, P.S.- Kadriganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 Heard the parties.

The petitioner seeks regular bail in Kadirganj P.S. Case No.103 of 2016 registered for the offence under Section 302/34 of the I.P.C. Section 27 of the Arms Act.

Allegation against the petitioner is that he along with other co-accused surrounded the deceased and thereafter other two co-accused opened fire on the father of the informant causing injury on his neck due to which he died.

Submission of the learned counsel for the petitioner is that there is no allegation of assault against the petitioner. Further submission is that similarly situated co-accused Hulas Prasad has already been granted bail by a coordinate Bench of this Court vide order dated 04.07.2017 passed in Cr.Misc. No.25926/17 and he is

Patna High Court Cr.Misc. No.41504 of 2017 (2) dt.07-09-2017 2/2 in custody for eight months having no criminal history. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VII, Patna, in Sessions Trial No.273/17 arising out Kadirganj P.S. Case No.103 of 2016 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U