Pramod Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53770 of 2019 Arising Out of PS. Case No.-79 Year-2016 Thana- JADOPUR DistrictGopalganj ====================================================== PRAMOD BHAGAT Son of Dasai Bhagat Resident of Village and P.S.- Jadopur, Distt - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Subhash Kumar, Advocate.

For the Opposite Party:

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307/34 of the Indian Penal Code registered in connection with Jadopur P.S. Case No. 79 of 2016.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. does not disclose any accusation of assault by the petitioner who is said to have been seen with coaccused Lallu Ram running away with knife is on co-accused Pappu, Nishar, Chand and Satyam Kumar. Similarly situated coaccused Lallu Ram has been granted anticipatory bail by the learned Court below. After due investigation, police has not sent up the petitioner for trial but differing from the same cognizance has been taken. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.53770 of 2019(3) dt.16-11-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXIV, Gopalganj in connection with Trial No. 2041 of 2019 arising out of Jadopur P.S. Case No. 79 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T