Pramod Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57279 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Pramod Das Son of Late Hari Das R/O Vill.- Abhanda Saidnagar, P.s.- Laheriasaria, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 517 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.
3. As per prosecution case, the accusation has been made against the petitioner of stabbing the Informant with an intention to kill him. It is alleged that the Informant sustained knife injury on his shoulder.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has
Patna High Court CR. MISC. No.57279 of 2024(2) dt.09-08-2024 2/3 surfaced in this case during investigation on the confessional statement of the co-accused Mannu Kumar Sahni @ Munna Kumar. It is further alleged that the date of occurrence is 26.10.2023 at around 6.00 Hrs but, the present F.I.R. has been instituted on 27.10.2023 at 13.00 Hrs. The petitioner has been remanded in this case from Bahadurpur P.S. Case No. 516 of 2023. Except confessional statement, there is nothing against the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has five criminal antecedents in which he is on bail and is languishing in judicial custody since 30.11.2023 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Mannu Kumar Sahni has been granted bail by this Court vide order dated 24.04.2024 passed in Cr. Misc. No. 31220 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner,
Patna High Court CR. MISC. No.57279 of 2024(2) dt.09-08-2024 3/3 let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Bahadurpur P.S. Case No. 517 of 2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T