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Patna High CourtCR. MISC./3108/2023bail granted

Pramod Yadav v. The State Of Bihar

2023-04-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3108 of 2023 Arising Out of PS. Case No.-148 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== PRAMOD YADAV Son of Late Bholi Yadav @ Bhola Yadav R/VBhawanipur, Pachchimi Tola, P.S- Suryagarha (manikpur) Dist- lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Suryagarha (Manikpur) P.S. Case No. 148 of 2020 dated 01.08.2020 registered for the offences punishable under sections 147, 149, 341, 342, 323, 325, 379, 504 and 506 of the Indian Penal Code. As per the prosecution case, the allegation against the

Patna High Court CR. MISC. No.3108 of 2023(2) dt.27-04-2023 2/3 petitioner is of assaulting the informant's brother on his head with Axe.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the said injury is not caused by sharp-aged weapon. The petitioner is also accused in two other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 13.11.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of the bail petition of the petitioner by submitting that the doctor has opined that the injury of the injured is grievous in nature on vital part of the body.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Suryagarha (Manikpur) P.S. Case No. 148 of 2020 with the condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.3108 of 2023(2) dt.27-04-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T