Sonalal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82221 of 2025 Arising Out of PS. Case No.-601 Year-2021 Thana- DHAKA District- East Champaran ====================================================== Sonalal Prasad, S/o Mangal Prasad R/o Village- Kushwanshi Nagar, P.SDhaka, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences under Sections 147, 148, 149, 323, 307, 302, 380, 427, 435, 504, 354(B) of the Indian Penal Code.
3. The case of the prosecution, according to the informant, is that on 10.12.2021 at about 5:00 P.M., the F.I.R. named accused persons including the petitioner came variously armed with lathi-danda etc. and started abusing and when his father Bindeshwari Prasad tried to stop them from abusing, the petitioner gave order to kill the father of the informant, on which all the accused persons started assaulting the father of the informant with lathi-danda and bamboo etc., as a result of which father of the informant became seriously injured and in
Patna High Court CR. MISC. No.82221 of 2025(2) dt.03-12-2025 2/3 course of treatment he died on 12.12.2021. The petitioner is alleged to have assaulted the nephew of the informant.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in the present case due to previous enmity. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail petition and submitted that petitioner is named in the F.I.R. and as per F.I.R. petitioner is alleged to be order-giver and on his order the father and nephew of the informant was assaulted by the F.I.R. named accused persons. Petitioner is also alleged to have assaulted the nephew of the informant. Though, after investigation, police submitted Final Form against the petitioner which was accepted by the learned Judicial Magistrate, Motihari, East Champaran and this petitioner was not sent up for trial, however, petition under Section 319 Cr.P.C. was allowed by the learned Additional Sessions Judge-IV, East Champaran, Motihari and summons against the petitioner was issued fixing the date on 02.09.2025.
6. Considering the accusation and the fact that Final Form was submitted against the petitioner and petitioner has clean antecedent, in the event of arrest/surrender before the
Patna High Court CR. MISC. No.82221 of 2025(2) dt.03-12-2025 3/3 court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 Additional Sessions Judge-IV, East Champaran at Motihari in connection with Dhaka P.S. Case No. 601 of 2021, subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J) P.K.P./- U