Patna High CourtCR. MISC./4127/2020bail granted

Pramod Kumar Das v. The State Of Bihar

2020-01-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4127 of 2020 Arising Out of PS. Case No.-708 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Pramod Kumar Das aged about 30 years, Gender Male, S/o Satyadev Das R/o village- Kahra Ward No. 11, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Saharsa Sadar P.S. Case No. 708 of 2019 registered for offence under Sections 399, 401, 414 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

As per F.I.R., there is recovery of one country-made pistol with two live cartridges from the possession of petitioner. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty politics. It is further submitted that in this case, chargesheet has already been submitted and there is no allegation against the petitioner of tampering with the evidence. The petitioner is in custody since 06-08-2019.

Patna High Court CR. MISC. No.4127 of 2020(2) dt.29-01-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 708 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T