Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51277 of 2014 Arising Out of PS.Case No. -50 Year- 2014 Thana -GURUA District- GAYA ======================================================

1. Pramod Prasad S/o Nagendra Prasad Resident of Village Pranpur, P.S. Paraiya, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under section 395 of the I.P.C Allegedly when the informant was at his shop, namely, Shanker Traders six persons on two motorcycle came there as customers, one person asked the price of Cement and the other person pointed revolver to him giving threatening to keep mum and from there he took out keys from his pocket and took out Rs. 2,50,000/- cash from the counter and snatched two mobile phones, another mobile was of one Arvind Kumar Singh by causing threatening to do away their lives and fled away. Submission is that the petitioner has been arrested by

Patna High Court Cr.Misc. No.51277 of 2014 (2) dt.03-03-2015 2/2 the police. He is not named in the FIR, from his possession one live cartridge, mobile and key of the motorcycle have been recovered and he is suffering in custody since 11.05.2014 and as such the petitioner deserves bail as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer for bail. Considering that no amount has been recovered from possession of the petitioner and further considering his detention, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gaya in Gurua P.S. Case No. 50 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T