Birbal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79789 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Birbal Prasad S/O Hari Lal Prasad R/O Village- Brit Belwa, P.S.- Kchaikot, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 294 of 2023 dated 05.12.2023 registered for the offences punishable under section 395 and 412 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and five unknown miscreants ridden on two motorcycles are alleged to have surrounded the informant and started abusing and attacked with the knife. The informant and his friend suffered injuries and fled away leaving the motorcycle and the accused person also fled away with the motorcycle.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.79789 of 2024(2) dt.13-11-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. neither he has put on T.I. parade. The petitioner has been made accused in this case on the basis of self confessional statement made before the police. Similar situated co-accused person has already been granted bail by this Court vide order dated 13.05.2024 passed in Cr. Misc. No. 34204 of 2024. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Gopalpur P.S. Case No. 294 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.79789 of 2024(2) dt.13-11-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T