Pramod Kumar @ Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40966 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== PRAMOD KUMAR @ PRAMOD MAHTO S/o Lila Mahto R/o VillageBudhgere, P.S.- Mufassil, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 30.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Muffasil P.S. Case no. 100 of 2020, registered under Sections 147, 148, 149, 323, 324, 325, 307, 353, 332, 333, 427, 435, 504, 506, 337 and 338 of the Indian Penal Code. The accusation is that due to death of Bittu Saw, 44 persons along with 500 unknown, including the petitioner, made protest, when Police personnel reached there then mob of several persons, including the petitioner, attacked on Police party in

Patna High Court CR. MISC. No.40966 of 2020(2) dt.30-07-2021 2/2 which members of Police parties sustained injury. Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but no specific overt act has been attributed against the petitioner. The petitioner has no criminal antecedent. Further submission is that similarly situated co-accused Gopali Saw @ Gopal Saw and six others have already been allowed privilege of pre-arrest bail by a coordinate Bench of this Court on 23.06.2021 vide Criminal Miscellaneous No. 41151 of 2020.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 100 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T