Pramod Yadav @ Pramod Kumar @ Pramod Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6400 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- JAMUI District- Jamui ====================================================== Pramod Yadav @ Pramod Kumar @ Pramod Kumar Yadav S/o Mohan Mahto @ Mohan Yadav R/o Village - Dundo Taradih, P.S. and District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharwan Kumar, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending arrest in connection with Jamui P.S. Case No. 514 of 2023, registered on 21.08.2023 for the offences under Sections 341, 323 and 307/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner and other co-accused persons put pressure upon the informant to compromise the case earlier lodged and on refusal, the informant and his family members were assaulted by the petitioner and other co-accused persons. The allegation against the petitioner is that he gave axe blow on the head of one Mithilesh Yadav.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.6400 of 2024(2) dt.20-02-2024 2/3 this case. There is case and counter case between the parties and co-accused Sunil Yadav has lodged Jamui P.S. Case No. 527 of 2023 against the informant and others. It is further submitted that in the rejection order, learned Additional Sessions Judge has recorded that injury allegedly caused by the petitioner was found to be simple, whereas injury of other victims were found to be grievous, but the petitioner is not author of those injuries. Co-accused Sunil Yadav and Sajjan Yadav have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08.12.2023, passed in Cr. Misc. No. 78047 of 2023. The petitioner is also involved in two other cases.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury and possibility of false accusation in the background of counter case, let the petitioner above named, in the event of arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of 10,000/- (Rupees Ten Thousand ₹ Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.6400 of 2024(2) dt.20-02-2024 3/3 Jamui/concerned court in connection with Jamui P.S. Case No.514 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Amrendra/- U T