Pramod Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46532 of 2021 Arising Out of PS. Case No.-71 Year-2020 Thana- SUPAUL District- Supaul ====================================================== PRAMOD SARDAR Son of Bisho Sardar Resident of Village - Matkoriya, P.S. - Tribeniganj, District - Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304, 323 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that on receiving information about her husband having been injured, she went to the hospital. It is stated that on regaining consciousness for sometime, her husband disclosed that it was the petitioner and one Deo Nandan Sardar who had dashed his cycle as a result of which he fell down and inspite of being injured no one came to his help. The accused ran away. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No
Patna High Court CR. MISC. No.46532 of 2021(2) dt.04-02-2022 2/2 such occurrence took place. The alleged statement of the deceased in course of treatment cannot be said to be a dying declaration. The petitioner is in custody since 23.3.2021 and chargesheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of co-accused Deo Nandan Sardar who has been enlarged on bail vide order dated 10.8.2021 passed in Cr. Misc. no.19555 of 2021. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheet having been submitted in the case, the petitioner being in custody for more than 10 months and grant of bail to co-accused Deo Nandan Sardar, the Court directs the petitioner to be enlarged on bail in connection with Supaul P.S. Case no.71 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul. (Partha Sarthy, J) Saurabh/- U T