Vidyanand Prasad Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Vidyanand Prasad Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 178 of 2023.

Issue for consideration

Whether the petitioner, named in the FIR but whose name surfaced only on the basis of the confessional statement of a co-accused, should be released on bail in connection with Sessions Trial No. 882 of 2023 (Dhanarua P.S. Case No. 178 of 2023) for offences under Sections 302/34 and 120(B) IPC and Section 27 Arms Act.

Court's answer

On perusal of the FIR and the impugned order, the petitioner is named in the FIR but his name surfaced in this case only on the basis of the confessional statement of a co-accused.

Ratio / Principle

Bail granted on parity: similarly situated co-accused Bhola Prasad @ Bhola Yadav and Vijay Paswan had already been granted bail by Co-ordinate Benches of this Court.

Key takeaways

The prayer for bail of the petitioner is allowed; the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna.ratio¶21

Detailed headnote1 paragraphs

PATNA HIGH COURT — BAIL GRANTED (CRIMINAL MISCELLANEOUS No.3800 of 2024, decided 03-05-2024, Ramesh Chand Malviya, J): Petitioner Vidyanand Prasad, facing charges in Dhanarua P.S. Case No. 178 of 2023 (Sessions Trial No. 882 of 2023) under Sections 302/34 and 120(B) IPC and Section 27 Arms Act for the fatal shooting of the informant's wife, sought bail. Counsel submitted he was innocent, falsely implicated on mere suspicion, with nothing recovered from his conscious possession, no criminal antecedent, and in custody since 16.04.2023. On perusal of the FIR and the impugned order dated 23.09.2023 of the learned Additional Sessions Judge-II, Masaurhi, Patna, the Court found the petitioner named in the FIR but observed that his name surfaced only on the basis of the confessional statement of a co-accused. Relying on parity with similarly situated co-accused Bhola Prasad @ Bhola Yadav (Cr. Misc. No. 16868 of 2024, order dt. 13.03.2024) and Vijay Paswan (Cr. Misc. No. 10571 of 2024, order dt. 22.02.2024), the Court allowed the prayer for bail, directing release on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3800 of 2024

Arising Out of PS. Case No.-178 Year-2023 Thana- DHANARUA District- Patna

======================================================

Vidyanand Prasad, Male, aged about 38 years, Son of Sukhdev Prasad, Resident of Village - Bahrampur Tola, Chhotimath @ Chhotkimath, P.S. - Dhanarua, District – Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rudal Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 03-05-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 882 of 2023 arising out of Dhanarua P.S. Case No. 178 of 2023 instituted for the offences punishable under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant was sleeping in his house with his wife when he heard some noises and when he opened his eyes, he noticed that two people had entered and started firing at his wife. His wife was shot twice, once in the right hand and the other in the chin area resulting death on spot.

Patna High Court CR. MISC. No.3800 of 2024(4) dt.03-05-2024 2/3

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He further submits that the allegations against the petitioner is totally false and concocted. Nothing has been recovered from the conscious possession of the petitioner. He next submits that there is no any specific allegation of commit murder, criminal conspiracy and fire from arms against the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the petition and is in custody since 16.04.2023.

Learned APP opposes the prayer for bail.

From perusal of the FIR and impugned order of the

learned Additional Sessions Judge-II, Masaurhi, Patna dated 23.09.2023, it appears that petitioner is named in the FIR and his name surfaced in this case only on the basis of confessional statement of co-accused. Similarly situated co-accused persons namely Bhola Prasad @ Bhola Yadav and Vijay Paswan have been granted bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 16868 of 2024 and 10571 of 2024 vide orders dated 13.03.2024 and 22.02.2024, respectively, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.3800 of 2024(4) dt.03-05-2024 3/3

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 178 of 2023.

(Ramesh Chand Malviya, J)

Anand Kr.

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