Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24462 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- GOH District- Aurangabad ====================================================== Pramod Yadav Son Of Daroga Yadav Resident Of Village - Aseyas, P.S.- Goh, District - Aurangabad (Bihar).

... ... Petitioner/S

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Goh P.S. Case No. 190 of 2021 lodged under Sections 341, 323, 325, 354 and 307 of the Indian Penal Code in which Section 302 of Indian Penal Code has been added subsequently. As per the prosecution case, the informant and his daughter were assaulted by the petitioner on the pretext of Patwan in the field, due to which, both were injured and informant was referred to the government hospital and thereafter to the Magadh Medical College. He has said that due to this reason, delayed FIR has been filed.

Patna High Court CR. MISC. No.24462 of 2022(2) dt.17-08-2022 2/3 Learned counsel for the petitioner submits that from the F.I.R., it transpires that date of occurrence is 20.08.2021 whereas, the present case has been lodged on 16.09.2021 i.e. near about delay of one month. He further submits that petitioner is in custody since 25.12.2021, chargesheet has been filed in this case and there is no criminal antecedent of the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Learned S.D.J.M. Daudnagar, Aurangabad in connection with Goh P.S. Case No. 190 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.24462 of 2022(2) dt.17-08-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sanjeev/- U T