Nirmal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71707 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== NIRMAL PRASAD, aged about 65 years (Male), Son of Late Munilal Prasad, Resident of Village - Alipur, P.S.- Arrah Muffasil, District - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Singh, Advocate.

For the Opposite Party :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 341, 323, 324, 326 and 302 of the IPC.

The prosecution story, in brief, is that on the alleged date of occurrence while the brother of the informant had gone to the house of his elder brother, namely, Tripurari Prasad, in the meantime, his Patidars entered into his house and in order to kill, assaulted the brother of the informant by Farsa, Sambal and Danda causing grievous injury and when his sister-in-law came for rescue, accused persons also assaulted her due to which, her head got cut and when the informant went to save them he was also assaulted and on hulla, persons of the locality came and

Patna High Court CR. MISC. No.71707 of 2019(2) dt.19-11-2019 2/3 took the brother of the informant to Sadar Hospital and thereafter he was referred to P.M.C.H. where he died on 07.07.2019 where the sister-in-law of the informant has sustained serious injury and is under treatment in Sadar Hospital, Ara. Hence, the present case.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 12.06.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Altogether six persons are said to have assaulted the deceased. There is single injury found on the head of the deceased. The deceased died after two months in course of treatment. The death is due to secondary haemorrhage and not because of primary haemorrhage. No single injury is attributed against the petitioner.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.71707 of 2019(2) dt.19-11-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara, in connection with Arrah Muffasil P.S. Case No. 142 of 2019.

(Sudhir Singh, J) U.K./- U T