Allowed

Prabhu Prasad v. the State of Bihar

Patna HC25 Apr 2022CR. MISC./41594/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to petitioners accused of murder under Sections 302 and 120-B IPC. The court observed that apart from suspicion, there was no material evidence against them and noted that similarly situated co-accused had already been released by coordinate courts.

What did the court decide?

Petitioners released on regular bail on furnishing a bond of Rs. 10,000 each with two sureties of like amount.

Prabhu Prasad Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41594 of 2021

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Arising Out of PS. Case No.-476 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran

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====================================================== PRABHU PRASAD S/O RAMASHISH PRASAD R/O VILLAGEFAKEERA TOLA, DHEKAHA, P.S.-MUFFASIL, DISTRICT-EAST CHAMPARAN

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... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65764 of 2021 Arising Out of PS. Case No.-476 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== CHUMAN PRASAD Son of Ramashish Pasad Resident of Village- Fakira Tola, Dhekaha, P.S.- Muffasil, District- East Champaran.

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... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 41594 of 2021) For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, A.P.P. (In CRIMINAL MISCELLANEOUS No. 65764 of 2021) For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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25-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the State.

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Petitioners seek regular bail in connection with Motihari Muffasil P.S. Case No. 476/2020 registered for the

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Patna High Court CR. MISC. No.41594 of 2021(1004) dt.25-04-2022 2/4

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offences punishable under Sections 302/120-B of the Indian Penal Code 1860.

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The allegation in nutshell is that three persons arrived at the door of the informant and took her father-inlaw along with them and on the next date, the dead-body of the informant’s father-in-law was found in the field having cut injury on his neck. The name of petitioner along with others have been disclosed by the informant that they used to threaten the father-in-law and husband.

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Learned counsel for the petitioner submits that the petitioners have falsely been implicated in this case due to previous enmity. He further submits that except suspicion against the petitioners and other named accused persons, no other material is there against them. Referring to paragraph11 of the bail petition, learned counsel submits that in retaliation of the earlier case lodged by one Shobha Devi bearing Muffasil P.S. Case No. 296/2019 against the relatives, family members and husband of the informant for the offences under Sections 302, 120-B, 201, 379/34 of the Indian Penal Code, and to save their skin from the earlier case lodged by the petitioners’ side, the petitioners have

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Patna High Court CR. MISC. No.41594 of 2021(1004) dt.25-04-2022 3/4

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been implicated in this case by the informant. Learned counsel further submits that similarly situated co-accused persons have been granted regular/anticipatory bail by this Court and by a co-ordinate Bench of this Court in Cr. Misc. 58596/2021, 41158/2021, 439/2022 and 20826 of 2021 respectively. The petitioners are in custody since 23.4.2021 and 8.9.2021 respectively and charge sheet has already been submitted.

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons have been granted regular/anticipatory bail by co-ordinate Bench of this Court as well as by this Court, except suspicion, there is no other material against the petitioners, they are in custody since 23.04.2021 and 8.9.2021 respectively and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.

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Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief

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Patna High Court CR. MISC. No.41594 of 2021(1004) dt.25-04-2022 4/4

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Judicial Magistrate, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case No. 476 of 2020.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Prabhu Prasad v. the State of Bihar

Case brief

What is this about?

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Prabhu Prasad v. the State of Bihar

Case brief

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