Prabhakar Kumar @ Kubra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70765 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== PRABHAKAR KUMAR @ KUBRA S/O LATE BIPIN KUMAR SINGH Resident of village- Pabra, P.S.- Chriya Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Arbind Kumar Pandey, App, 84 For the informant : Mr. Vikramdeo Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have killed the father of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to ulterior motive. It is further submitted that after completing the investigation the police has submitted final form showing the petitioner as not sent up for trial and submitted charge sheet against non FIR accused persons but differing with the final

Patna High Court CR. MISC. No.70765 of 2022(3) dt.19-05-2023 2/2 form the learned Court below took cognizance against the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated accused Ranjan Kumar has already been granted pre arrest bail by a co-ordinate Bench of this court vide order dated 25.02.2023 passed in Cr. Misc. No. 67342/ 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP assisted by learned counsel for the informant vehemently opposed the prayer of bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 ACJM, Majhaul, Begusarai in connection with Cheria Bariyarpur P.S. Case No.59 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T