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Patna High CourtCR. MISC./74929/2024bail granted

Pramod Jamadar @ Pramod Chauhan @ Promod Jamadar v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74929 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- MAHKAR District- Gaya ====================================================== Pramod Jamadar @ Pramod Chauhan @ Promod Jamadar Son of Brihaspat Jamadar @ Bihaspat Jamadar Resident of Village -Gonardih( Gorandih) PSMahkar District -Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in Mahkar P.S. Case No. 156 of 2023, instituted for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons abused and assaulted the informant and his family members by means of khanti and iron rod on their head due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.74929 of 2024(2) dt.22-10-2024 2/2 further submits that there was land dispute between the parties due to which the altercation took place. It is alleged that the petitioner has assaulted Sajo Devi by means of axe on her head. The injury sustained by Sajo Devi is found to be grievous in nature caused by heavy sharp object. It is also to be mentioned that the petitioner had not assaulted Sajo Devi, rather during the scuffle she fell down on the bricks and sustained head injury. The petitioner is in custody since 10.07.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahkar P.S. Case No. 156 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T