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Patna High CourtCR. MISC./41358/2018bail granted

Pramod Kumar v. The State Of Bihar

2018-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41358 of 2018 Arising Out of PS.Case No. -279 Year- 2018 Thana -SAHARSA District- SAHARSA ======================================================

1. Pramod Kumar, S/o Shivjee Yadav, R/o Vill.- Sisai, P.S.- Saharsa, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Saharsa P.S. Case No.279 of 2018 instituted for the offence under Section(s) 341, 323, 384, 386, 504 and 506/34 Indian Penal Code. Counsel for the petitioner submits that some altercation had taken place during collection of benefaction (Chanda) on the occasion of Chaiti Durga.

In the written report, there is general and omnibus allegation against the petitioner.

It has further been submitted that both parties have compromised the matter in the Court below. Certified Copy of compromise petition filed in the Court below has been enclosed as Annexure-2 series.

Patna High Court Cr.Misc. No.41358 of 2018 (2) dt.18-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Saharsa Town P.S. Case No.279 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.

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