Pramod Kumar Sah @ Doctor Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59140 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== PRAMOD KUMAR SAH @ DOCTOR SAHEB SON OF BHIKHARI SAH R/O VILLAGE- SHIV NAGAR, P.S.- BELA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 324 and 307 of the Indian Penal Code and Section 3⁄4 of the Explosive Substances Act. Three minor girls are said to have got injured on account of explosion of explosive substances, which are alleged to have been kept by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that in fact, the petitioner has not been named in the F.I.R. but his name has transpired in this case during course of investigation on the

Patna High Court CR. MISC. No.59140 of 2022(2) dt.07-02-2023 2/3 basis of suspicion and also on the basis of his self confession. No cogent material has surfaced against the petitioner during course of investigation. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner has been arrested in connection with Sursand P.S. Case No. 561 of 2021 on 09.02.2021 and remanded in this case on 10.08.2022 and since then he has been languishing in judicial custody. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonbarsa P.S. Case No. 357 of 2021 with the following conditions:-

(1) Petitioner shall co-operate 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 on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.59140 of 2022(2) dt.07-02-2023 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T