Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18353 of 2017 Arising Out of PS.Case No. -716 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Pramod Kumar Son of Gorelal Sah Resident of Village : - Motibigah Gonawan, P.S. : - Nawadah, District : - Nawadah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hansraj, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation of firing is against unknown miscreants.

Learned counsel for the petitioner submits that only material against the petitioner is confessional statement of coaccused. Learned counsel for the informant opposed the prayer for bail on the ground that co-accused Jogendra Choudhary

Patna High Court Cr.Misc. No.18353 of 2017 (2) dt.19-04-2017 2/2 @ Gaunga Chaudhary has been refused bail by a coordinate Bench of this Court in Cr. Misc. No.13763 of 2017 and during investigation it has come that the petitioner was instrumental in the occurrence lodged against unknown person. Considering the fact that the coordinate Bench had refused the bail of Jogendra Chaudhary @ Gaunga Chaudhary considering his criminal antecedent and had granted liberty for renewal of bail after framing of the charge, the case of the petitioner is distinguishable as petitioner has no criminal antecedent, let petitioner, above named, 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, Nawada/Successor Court, in connection with Nawada (Town) P.S. Case No.716 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.

(Birendra Kumar, J) Mkr./- U T