Pradeep Pohre v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20314 of 2021 Arising Out of PS. Case No.-436 Year-2018 Thana- MANER District- Patna ====================================================== Pradeep Pohre S/o Pratik Bhadur Pohre Resident of Katunje, Salladhari, Bhaktapur, Kathmandu, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

31-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Maner P.S. Case No. 436 of 2018, registered for the offence under Sections 341, 323, 324, 326, 307, 353 of the Indian Penal Code.

As per the prosecution case, this petitioner struck deadly attack upon the police party, as a result of which, two policemen were badly injured.

It is submitted on behalf of petitioner that petitioner is citizen of Nepal and is mentally disturbed, for which, his treatment is going on in Nepal. It is further submitted that the petitioner somehow crossed the border and reached near Maner, where the alleged occurrence has taken place. Petitioner is in custody since 31.08.2018, having no criminal antecedent. Chargesheet has been submitted.

Patna High Court CR. MISC. No.20314 of 2021(3) dt.31-08-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J. - III, Danapur (District - Patna) in connection with S.T. No. 230 of 2019, arising out of Maner P.S. Case No. 436 of 2018, 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 below and shall remain physically present, as directed by the court below, 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