Bir Bahadur Prasad vs The State Of Bihar
2021 Latest Caselaw 905 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31695 of 2020
    Arising Out of PS. Case No.-296 Year-2019 Thana- MOTIHARI MUFASIL District- East
                                         Champaran
  ======================================================

Bir Bahadur Prasad, aged about 40 years (M), son of Ramchandra Prasad, resident of village- Dhekha Fakira Tola, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Umesh Chandra Verma, learned counsel

for the petitioner and Mr. Tarkeshwar Nath Thakur, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Muffasil PS Case No.296 of 2019 dated 03.07.2019 instituted

under Sections 302, 201, 120-B, 379/34 of the Indian Penal

Code.

4. The allegation against the petitioner is that he,

along with three other persons, had called the husband of the

informant on the plea that co-accused, Sukhdeo Bhai and Patna High Court CR. MISC. No.31695 of 2020 dt.17-02-2021

Kanhaiya Bhai had called him and thereafter his dead body was

recovered the next morning.

5. Learned counsel for the petitioner submitted that

the deceased had inimical terms with co-accused Sukhdeo Bhai

and Kanhaiya Bhai and he had no role in the said dispute and

there was no occasion for him to go and call the husband.

Further, it was submitted that there is also no motive for him to

kill the husband of the informant. Learned counsel submitted

that co-accused, Subhash Prasad @ Subash Prasad has been

granted bail by a co-ordinate Bench by order dated 05.03.2020

in Cr. Misc. No.72693 of 2020.

6. Learned APP submitted that there is no reason for

the informant to falsely implicate the petitioner as no instance of

there being inimical terms has been shown. Further, it was

submitted that the petitioner being one of the persons, who had

called the deceased in the evening and next morning his body

being recovered, obviously, cannot be said to be totally ignorant

of what happened and the death had also occurred by cutting the

neck of the deceased. Learned counsel submitted that co-

accused, Subhash Prasad @ Subash Prasad, has been granted

regular bail after being in custody for nearly eight months.

7. Having considered the facts and circumstances of Patna High Court CR. MISC. No.31695 of 2020 dt.17-02-2021

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T