Pramod Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.29866 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29866 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ======================================================

1. Pramod Yadav S/o Late Krishna Yadav resident of Village - Chero, P.S. - Sarmera, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends his arrest in Sarmera P.S. Case No. 33 of 2016 instituted for the offence under Section-307 & other minor sections of the Indian Penal Code.

As per written report, this petitioner caused fire-arm injury on the shoulder of the husband of the informant. The injury report has been enclosed as Annexure-2 to this petition and the doctor advised X-ray Rt shoulder join AP. The alleged occurrence took place on account of enmity.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of their arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two

Patna High Court Cr.Misc. No.29866 of 2017 (2) dt.07-07-2017 sureties of the like amount each in connection with Sarmera P.S. Case No. 33 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif subject to conditions as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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) A.K.V./- U T