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Patna High CourtCR. MISC./41697/2019bail granted

Pramod Rai v. The State Of Bihar

2019-07-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41697 of 2019 Arising Out of PS. Case No.-1177 Year-2018 Thana- SONEPUR District- Saran ====================================================== PRAMOD RAI Son of Late Mathura Rai Resident of Village - Bhinik Tola, P.O and P.S.- Sonepur, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 447, 341, 323, 307, 302, 504, 109 of the Indian Penal Code and 27 of the Arms Act. The prosecution allegation in short is that the accused persons, variously armed, assaulted the informant and other family members while they were working in the field due to which brother of the informant died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The allegation of assault is

Patna High Court CR. MISC. No.41697 of 2019(2) dt.11-07-2019 2/2 alleged against co-accused Pramod Rai, son of Birendra Rai who is alleged to have fired upon the deceased. The petitioner is said to be member of the unlawful assembly. No injury is attributed against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Saran in connection with Sonepur P.S. Case No. 1177/18.

(Sudhir Singh, J) Pankaj/- U T