Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48466 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Pramod Kumar Son of Ramashish Yadav resident of village - Rambigha, Police Station Belaganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Smt.Pushpa Sinha - 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 365, 370 (i), 302 and 201/34 of the I.P.C Allegedly, Munna Kumar, the brother of the informant, was taken away by some one and during investigation the dead body was recovered. The informant in his further statement suspected the hands of the petitioner and other coaccused that the petitioner has earlier caused threats to kill the deceased and thereafter the petitioner confessed his guilt also. Submission is of false implication and that earlier the informant has not named the petitioner but later on only with a

Patna High Court Cr.Misc. No.48466 of 2015 (3) dt.26-02-2016 2/2 view to implicate the petitioner and others named the petitioner suspecting his hands also in the crime without any legal and cogent material, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering that there is no direct evidence against the petitioner and he is in custody since 13.04.2015 and as such he is directed to 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 C.J.M. Gaya in Belaganj P.S. Case No. 37 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T