Pramod Yadav @ Pramod Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61861 of 2022 Arising Out of PS. Case No.-205 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== PRAMOD YADAV @ PRAMOD RAY, Son Of Rameshwar Yadav, R/O Village- Raghunathpur, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Pandaul P.S. Case No. 205 of 2020 registered for the offence punishable under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code. The informant has alleged that six named persons have brutally assaulted his son and the son has succumbed to the injuries. Learned counsel for the petitioner submits that in fact informant's son Govind Chaudhary along with another person Kamlesh Yadav had fired upon uncle of one Umesh Chaudhary, who is informant of Pandaul P.S. Case No. 204 of 2020. In retaliation to the firing, the present informant's son was lynched which has resulted in his death. Therefore, 40 to 50 unnamed persons have been made accused. The petitioner, having no antecedent, has been implicated in this case one month after the incident, as it is alleged that he was found at the place of occurrence in the images captured in a pen drive which was handed over by the wife of deceased during
Patna High Court CR. MISC. No.61861 of 2022(2) dt.02-02-2023 2/2 course of investigation. He is stated to be in custody since 01.09.2022. Other similarly situated co-accused namely Rajesh Mallik has been allowed bail in Cr. Misc. No. 25359 of 2022. Investigation is also complete.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions with reference to the two FIRs on record, clean antecedent of the petitioner and claim based on parity, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.
Prayer for bail of the petitioner is allowed. Let the petitioner, above named, 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 C.J.M., Madhubani, in connection with Pandaul P. S. Case No. 205 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shashank/- U T