Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46611 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- BIHAR District- Nalanda ====================================================== Pramod Yadav Son of Late Chando Yadav Resident of Village - Korai, P.S.- Deep Nagar, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Bishwa Bijay Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307 and 325 of the Indian Penal Code. According to prosecution case, the informant alongwith his neighbour Surendra Yadav, Ajay Yadav and Sanny Kumar was going to Dhobibigha by a pickup van for taking foddder and when he reached near the bridge at Nakatpur, the accused petitioners surrounded him, accused Sanjeet Kumar pointed pistol, Pramod Yadav assaulted on his leg causing

Patna High Court CR. MISC. No.46611 of 2021(4) dt.29-03-2022 2/3 fracture injury in his leg and snatched Rs.4500/- and Sanjeet Yadav fled away.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per allegation in the F.I.R. that the petitioner assaulted the informant on his leg causing fracture injury in his leg. He further submits that there is general and omnibus allegation against all the accused person. He further submits that there is no intention to kill the informant and the overt-act against the informant is on the non-vital part. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 02.05.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Court below where the case is pending in connection with Bihar P.S. Case No.279 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.46611 of 2021(4) dt.29-03-2022 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court 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 bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T