Pramod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66584 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== PRAMOD MAHTO son of Chandradeep Mahto Village- Simri PsVidyapatinagar Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Vidyapati Nagar P.S. Case No. 99 of 2023 registered on 07.07.2023 lodged under Sections 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against five named accused persons in which specific allegation is against the petitioner that he has fired on the thigh of the petitioner by pistol.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that the allegation of demanding Rs. 2 lakh is there but the said demand was not in the form of ransome and petitioner is in custody since 14.07.2023 having clean antecedent.
Patna High Court CR. MISC. No.66584 of 2023(2) dt.16-10-2023 2/3
5. It transpires from the F.I.R. that there is a dispute of loan between the parties. Counsel further submits that the offence has been committed under Section 307, but the place where injury has been caused, it transpires that Section 307 has not been made out.
6. Learned counsel for the State opposes the prayer for bail.
7. 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 Additional Chief Judicial Magistrate-II, Dalshinghsarai, Samastipur in connection with Vidyapati Nagar P.S. Case No. 99 of 2023 subject to the following conditions as well as the subject to the conditions laid down under Section 437(3) of Cr.P.C.
(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
Patna High Court CR. MISC. No.66584 of 2023(2) dt.16-10-2023 3/3 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.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Sunnykr/- U T