Pramod Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38307 of 2018 (2) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38307 of 2018 Arising Out of PS.Case No. -124 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== Pramod Yadav S/o Somar Yadav, R/o Vill.- Simra, P.S.- Belaganj, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Belaganj P.S. Case No. 124/2017, for offences alleged under Sections 395, 397 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while he along with two friends was going to attend marriage of a villager's daughter, petitioner along with others named in the F.I.R. and 20 unknown persons assaulted them with lathi, danda and revolver and also took away cash, A.T.M. cards, ring and mobiles from their possession. It is also alleged that 08 to 10 unknown persons attacked the vehicle of M.L.A. It has been submitted by the learned counsel for petitioner that he is innocent and has been falsely implicated in the aforesaid case due to political rivalry. He submits that some of the

Patna High Court Cr.Misc. No.38307 of 2018 (2) dt.09-07-2018 co-accused named in the F.I.R. have already been granted privilege of bail by coordinate benches of this Court in Cr. Misc. 42593/2017 vide order dated 20.09.2017 and Cr. Misc. 22059/2018 vide order dated 22.05.2018. He further submits that the petitioner is ready to cooperate in the investigation/trial. However, learned A.P.P. for the State opposes the prayer for bail stating therein that petitioner does not have clean antecedent, as two more cases are pending against him. Considering the facts and circumstances of the case and material on record, let the petitioner named above, be enlarged on bail on completion of six months in custody, on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Gaya, in connection with Belaganj P.S. Case No. 124/2017, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Vinita/- U T