The High Court of Patna granted bail to the petitioner, Prasant Kumar, who was accused of offences including murder and rioting, subject to furnishing a bond and appearing regularly.
The petitioner was released on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32527 of 2021
Arising Out of PS. Case No.-867 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Prasant Kumar, male, aged about 21 years, S/o Subodh Singh R/o VillageVikrampur, P.S.- Marhowrah, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Bhaskar, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 24-12-2021 Heard learned counsel for petitioner and learned counsel for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
The petitioner seeks bail in Marhowrah PS Case No. 867 of 2020, instituted for the offence under Sections 147,149, 341, 323, 324,307, 504 and 302 of the Indian Penal Code.
Some named and unknown accused laced with arms have assaulted and abused the informant because he had been objecting to their illicit liquor trade.
Learned counsel for the petitioner has submitted that there are two criminal antecedents of the petitioner, as per disclosure
Patna High Court CR. MISC. No.32527 of 2021(2) dt.24-12-2021 2/3
made in paragraph No. 3 of the bail petition. He is on bail in both the cases. Co-accused Kariman Singh, against whom, there is specific allegation of assault has been allowed bail in Cr. Misc. No. 25219 of 2021. The petitioner, in the instant case, at best, is a member of the unlawful assembly and has remained in custody since 11.02.2021.
Learned APP representing the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Saran at Chapra , in connection with Marhowrah PS Case No. 867 of 2020, subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the
Patna High Court CR. MISC. No.32527 of 2021(2) dt.24-12-2021 3/3
petitioner.
(ii) That the petitioner will be well represented on
each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a chargesheet-criminal proceeding for offences under Sections 302, 307, and 147 IPC?
1 provisions across 1 enactments
Prasant Kumar
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
