Pramod Bahardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 22864 of 2023 Arising Out of PS. Case No.-186 Year-2021 Thana- SIKTI District- Araria ====================================================== Pramod Bahardar, Son of Bijju Bhardar Resident of village - Tira Khairdah, Ward No.- 03, P.S.- Sikty, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar, Advocate Ms. Heena Naz, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Sikty P.S. Case No. 186 of 2021 dated 20.09.2021 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504, 506, 379 and 509 of the Indian Penal Code. This is a second attempt of the petitioner for the relief of bail after petitioner's earlier prayer for the same relief was rejected vide order dated 25.11.2022 passed in Cr. Misc. No. 43771 of 2022 preferred by this petitioner and the petitioner has again come before this court for the same relief mainly on the ground of liberty given to the petitioner in his earlier rejected order.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No. 22864 of 2023(2) dt.12-04-2023 2/3 that while rejecting the petitioner's earlier prayer this court gave the petitioner a liberty to renew his bail prayer after the framing of charge and thereafter the petitioner has been charged with the alleged offences on 28.02.2023 and in the present time he is facing trial and the same is at very initial stage and seven witnesses of the prosecution are to be examined which may take some time to conclude the trial of the petitioner. Further submissions are that the petitioner has fair and clean antecedent and there is a case and counter case in between both the parties and he has been languishing in jail since 08.05.2022. Learned APP appearing for the State has opposed the bail prayer.
Having considered the above submissions made by petitioner's counsel and mainly the petitioner's custody period and stage of his case, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the 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 the concerned Court in connection with Sikty P.S. Case No. 186 of 2021, on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain
Patna High Court CR. MISC. No. 22864 of 2023(2) dt.12-04-2023 3/3 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 his bail.
(3) One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition.
(Shailendra Singh, J) Rajiv/- U T