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Patna High CourtCR. MISC./56711/2024allowed

Pramod Ram @ Pramod Kumar Ram v. The State Of Bihar

2024-08-02Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56711 of 2024 Arising Out of PS. Case No.-402 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pramod Ram @ Pramod Kumar Ram S/o- Arjun Ram @ Arjun Kumar Ram Village- Masarh, P.S. Udwant Nagar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Ojha, Advocate For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-08-2024 Heard Ld. counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Udwant Nagar (Gajrajganj O.P) P.S. Case No. 402 of 2022, dated 27.08.2022 registered for the offences punishable under Section 304B/34 of the Indian Penal Code.

3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 42907 of 2023, which was rejected vide order dated 06.09.2023, with an observation that if the trial is not concluded within nine months, the petitioner would be at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide

Patna High Court CR. MISC. No.56711 of 2024(2) dt.02-08-2024 2/3 present application, has renewed his prayer for bail.

4. He further submits that the petitioner is languishing in jail since 10.09.2022.

5. It transpires from the order dated 20.06.2024, passed by Ld. Additional District and Sessions Judge-Xth, Ara at Bhojpur in Sessions Trial No.43 of 2023 that the trial has not completed yet.

6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District and Sessions Judge-Xth, Ara at Bhojpur in Sessions Trial No.43 of 2023 arising out of Udwant Nagar P.S. Case No. 402 of 2022 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court

Patna High Court CR. MISC. No.56711 of 2024(2) dt.02-08-2024 3/3 whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.

(Jitendra Kumar, J.) Chandan/ ravishankarU T