← Library
Patna High CourtCR. MISC./37552/2021bail granted

Pramod Yadav v. The State Of Bihar

2021-12-07Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37552 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- MEHANDIGANJ District- Patna ====================================================== Pramod Yadav S/O Sri Gope R/O Mohalla-Birua Chak (NEAR Mehandiganj), P.S. Mehandiganj, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38007 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

PRITHVI RAJ Son of Gyani Gope 2.

Indrajeet Kumar @ Mulayam Yadav Son of Munshi Gope 3.

Shantanu Kumar @ Shantanu Yadav @ Shantan Kumar Son of Shubhash Yadav All Resident of Mohalla- Birua Chak (Near Mehandiganj), Police StationMehandiganj, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 37552 of 2021) For the Petitioner/s :

Mr.Raj Krishan Jha,Adv For the Opposite Party/s :

Mr.A.P.P.

(In CRIMINAL MISCELLANEOUS No. 38007 of 2021) For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties in both the applications.

Petitioner No.2-Indrajeet Kumar @ Mulayam Yadav

Patna High Court CR. MISC. No.37552 of 2021(2) dt.07-12-2021 2/3 (Cr.Misc. No.38007 of 2021) has already been arrested. Hence, his prayer for anticipatory bail is dismissed as infructuous. Petitioner-Pramod Yadav(Cr.Misc. No.37552 of 2021) and petitioner Nos.1 and 3 (Cr.Misc. No.38007 of 2021) are apprehending their arrest in a case registered for the offences punishable under Sections 323,341,447,307,504,506 read with Section 34 of the Indian Penal Code and 27 of the Arms Act. Allegation is of firing, however, no injury was caused to anyone. Later on, the parties have entered into a compromise. Submission is that it is easy to allege firing which caused no injury to anyone, just to make the offence serious. Petitioners have got no criminal antecedent.

Considering the submission aforesaid, let petitioner Pramod Yadav(Cr.Misc. No.37552 of 2021) and petitioner Nos.1 and 3 (Cr.Misc. No.38007 of 2021), above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mehandiganj P.S.Case No.35 of 2021, subject to the conditions as laid down under Section 438(2) of the Code

Patna High Court CR. MISC. No.37552 of 2021(2) dt.07-12-2021 3/3 of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner-Pramod Yadav(Cr.Misc. No.37552 of 2021) and petitioner Nos.1 and 3 (Cr.Misc. No.38007 of 2021) shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of Petitioner-Pramod Yadav(Cr.Misc. No.37552 of 2021) and petitioner Nos.1 and 3 (Cr.Misc. No.38007 of 2021). (c) Petitioner-Pramod Yadav(Cr.Misc. No.37552 of 2021) and petitioner Nos.1 and 3 (Cr.Misc. No.38007 of 2021) shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T