Pramod Kumar @ Pramod Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70413 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== PRAMOD KUMAR @ PRAMOD SAH Son of Dharmdew Sah Resident of Village- Khanjhapur, P.S.- Charia Bariyarpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Cheria Bariyarpur P.S. Case No.182 of 2021 instituted under Sections 323, 341, 354, 379, 308, 504, 506/34 of the IPC. As per the prosecution story, the informant alleged that his neighbours due to land dispute attacked their family members and specific allegation is against Abdhesh Sah, Gariban Sah and Jeetan Sah of assaulting on the head of the informant as also his mother Munti Devi. Further allegation is against Chandan Kumar of outraging the modesty of his wife and accordingly the FIR was lodged.
Learned counsel for the petitioner submits that omnibus allegation is there against the petitioner of being part of
Patna High Court CR. MISC. No.70413 of 2022(2) dt.25-01-2023 2/3 the mob.
Learned APP on the other hand opposes the prayer for anticipatory bail.
Taking into account the fact that specific allegation is against accuseds named above, the petitioner has been alleged to part of mob, he do not have criminal antecedent, this Court is inclined to grant him privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Cheria Bariyarpur P.S. Case No.182 of 2021 to the satisfaction of learned A.C.J.M., Ist, Manjhaul, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.70413 of 2022(2) dt.25-01-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) 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. (Rajiv Roy, J) Prakash Narayan /- U T