Patna High CourtCR. MISC./42672/2023bail granted

Pramod Yadav v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42672 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Pramod Yadav S/O- Gajendra Yadav Village- Karoti Ward no-13, PsUdakishunganj Dist- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

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

3. The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 393 of 2022 dated 16.11.2022, lodged under Sections 353, 307 & 34 of the I.P.C. read with Sections 25(1-AA), 25(1-b)a, 26, 27 & 35 of the Arms Act.

4. As per the prosecution case, the F.I.R. has been lodged against three named accused persons for the recovery of 2 desi katta, 7 unused live cartridges and 5 used cartridges, which have been made from the possession of the present

Patna High Court CR. MISC. No.42672 of 2023(2) dt.14-07-2023 2/3 petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is in custody since 16.11.2022 having two criminal cases pending against him and in both the cases, he is on bail.

6. Learned counsel for the petitioner further submits that the alleged recovery was used to be made on the secret information. Counsel submits that the charge-sheet has already been filed, as well as charge has been framed in this case and trail has been commenced.

7. Learned counsel for the petitioner in support thereof has argued that from the seizure list, which is annexed, it transpires that there is an S.T. No. 80 of 2023 has been marked and some documents are also exhibited.

8. Learned counsel for the State opposes the prayer for bail.

9. 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 Additional Sessions Judge-

Patna High Court CR. MISC. No.42672 of 2023(2) dt.14-07-2023 3/3 IInd, Madhepura in connection with Udakishunganj P.S. Case No. 393 of 2022, 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 be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship 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.

10. With this observation, the bail application stands allowed.

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