Janardan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79258 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== Janardan Prasad Son Of Late Sita Ram Prasad R/O Village - Jamo Bazar, P.S.- Jamo Bazar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kant For the Opposite Party/s :
Mr. Shailendra Kumar For the Informant :
Mr. Siya Ram Prasad Mr. Noushael Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354B, 379, 302, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with F.I.R. named accused persons and three unknown persons assaulted the informant and her husband by means of sword, iron-rod and farsa, due to which they sustained grievous injury and during course of treatment her husband died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.79258 of 2023(2) dt.13-12-2023 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is specific allegation against co-accused, Aman Kumar, who assaulted the deceased by means of iron-rod. Similarly situated co-accused has been enlarged on bail by this Court and a co-ordinate bench of this court vide order dated 18.10.2023 passed in Cr. Misc. No. 62248 of 2023 and 06.12.2023 passed in Cr. Misc. No. 55561 of 2023 respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner is also involved in the present case and on the direction of the petitioner the said occurrence took place.
6. Considering the facts and circumstances of the case and the fact that injury was found simple in nature, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection
Patna High Court CR. MISC. No.79258 of 2023(2) dt.13-12-2023 3/3 with Jamo Bazar P.S. Case No. 118 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T