Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64600 of 2023 Arising Out of PS. Case No.-287 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Pramod Yadav Son of Late Saligram Yadav R/o vill - Tilakpur, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sultanganj P.S. Case No.287/2022, lodged on 17.08.2022 under Sections 147, 148, 149, 341, 323, 385, 386,387, 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against 9 named accused persons including the present petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is general and omnibus allegation against the petitioner and others. The only specific allegation against Kare Yadav was to make fire on the informant whereafter he became injured. He further
Patna High Court CR. MISC. No.64600 of 2023(2) dt.11-10-2023 2/3 submits that similarly situated co-accused, namely, Mithun Yadav, Kako Yadav, Fatak Yadav @ Mukesh Yadav, and Mukesh Yadav have been granted regular bail by different coordinate Benches of this Court vide orders dated 12.05.2023, 28.02.2023, 11.08.2023 and 04.03.2023 passed in Criminal Miscellaneous No. 17458/2023, Criminal Miscellaneous No. 71274/2022, Criminal Miscellaneous No. 50101/2023 and Criminal Miscellaneous No. 73667/2022 respectively. He further submits that the petitioner is accused in one more criminal case in which he is on bail and he is in custody since 15.05.2023. He further submits that the chargesheet has already been submitted.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bhagalpur, in connection with Sultanganj P.S. Case No. 287/2022, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
Patna High Court CR. MISC. No.64600 of 2023(2) dt.11-10-2023 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T