Pramod Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51746 of 2018 Arising Out of PS. Case No.-135 Year-2014 Thana- MADANPUR District- Aurangabad ======================================================
1. Pramod Kumar, S/o Late Satyendra Mahto,
2. Jainath Prasad, S/o Ramdas Mahto, All R/o Vill.- Bangara, P.S.- Madanpur, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Leelawati Kumari For the Opposite Party/s :
Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 504, 337, 323, 353, 427 of the Indian Penal Code and Section 17 of C.L.A. Act.
For the same occurrence, seven F.I.Rs.' were lodged by different persons. In one of the F.I.R. i.e. Madanpur Police Station Case No.136 of 2014 registered on the basis of written report of the Sub-Inspector of Police, Madanpur, it appears that name of the petitioner has surfaced on the basis of confidential information received by the Police from reliable sources. Another case namely, Madanpur Police Station Case
Patna High Court Cr.Misc. No.51746 of 2018(3) dt.13-12-2018 2/3 No.137 of 2014 and Madanpur Police Station Case No.133 of 2014 as well as the present case i.e. Madanpur Police Station Case No.135 of 2014, the F.I.R. is against 1000 unknown extremists.
Submission is that besides the aforesaid cases lodged in a series, there is no other case against the petitioners. There is no direct evidence against the petitioners, nor there is disclosure of the information on the basis whereof the petitioners have been implicated in this case. Considering the entire facts of this case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.40,000/- (Rupees Forty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Madanpur Police Station Case No.135 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below having immovable property. The petitioners shall file affidavit that they shall fully co-operate with the
Patna High Court Cr.Misc. No.51746 of 2018(3) dt.13-12-2018 3/3 investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. (Birendra Kumar, J) abhishek/- U T