Heera Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== Heera Prasad S/O Late Saryug Prasad R/O Village- Gandhar Math, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 425 of 2024 instituted for the offences under Sections 140(1), 140(3), 61(2) of the BNS.

3. Prosecution case, in short, is that when the informant went to his plot situated at Nathupur Sira, the moment they alighted from the vehicle, 4-5 unknown persons forcibly took the victim in a white vehicle and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. No incriminating

Patna High Court CR. MISC. No.55 of 2025(3) dt.27-03-2025 2/3 article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that there is already land dispute between the parties. Learned counsel further submitted that victim was assaulted by the four accused persons and co-accused Sanjay Yadav snatched his mobile phone. Learned counsel further submitted that no material has cropped up against the petitioner during investigation. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.09.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 86216 of 2024.

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 of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in

Patna High Court CR. MISC. No.55 of 2025(3) dt.27-03-2025 3/3 connection withParsa Bazar P.S. Case No. 425 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T