Prashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86826 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- Chitragupta Nagar District- Khagaria ====================================================== Prashant Kumar Son of Ramphal Das village- Madhavpur, Ps- gogri, DistKhagaria, P/A- Sameer Nagar, Vinay Verma Lodge, Ps- Chitragupt Nagar, khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ram Sumiran Rai, Advocate For the State :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2025 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 324, 326, 307, 364, 302, 201, 120B and 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 24.05.2024, the son of informant left the house with his friends and when he reached near Sanhauli Surya Mandir, all the F.I.R. named accused persons, along with 5-6 unknown persons, came by the XUV car, surrounded the son of informant and abducted him. It is further alleged that accused persons brutally assaulted and badly injured him by electric shock with intention to kill him and threw his body behind Sitaram Memorial Inter School. Having received the information, informant's wife and family
Patna High Court CR. MISC. No.86826 of 2024(2) dt.21-02-2025 2/3 members took the victim to hospital where he was declared brought dead by the doctor.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Informant is not an eye witness of the alleged occurrence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Similarly situated co-accused person, namely Karelal Yadav, has already been granted bail by this Hon'ble Court vide order dated 14.02.2025 passed in Cr. Misc. No. 69843 of 2024. Petitioner is in custody since 12.07.2024. Moreover, charge-sheet has already been submitted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation, claim based on parity and period of custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in
Patna High Court CR. MISC. No.86826 of 2024(2) dt.21-02-2025 3/3 connection with Chitragupta Nagar P.S. Case No. 27 of 2024. (Prabhat Kumar Singh, J) shashank/- U T