This is an oral order granting bail to the petitioner accused of murder and culpable homicide. The court fixed bail bond and surety amounts and imposed specific conditions regarding trial cooperation, presence, and non-tampering with evidence.
The petitioner was released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3657 of 2022
Arising Out of PS. Case No.-344 Year-2021 Thana- PARBATTA District- Khagaria
======================================================
Pramod Yadav Son of Late Saryug Yadav, Resident of Village- Khiradhi, P.S.Parbatta, District- Khagaria.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. For the Informant : Mr. Binod Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 26-07-2022
Heard learned counsel for the petitioner and learned
counsel for the Informant as well as learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
According to prosecution case, according to the informant namely Rekha Devi is that on 18.08.2021 when the informant’s husband and accused Pramod Yadav were sitting together at that time informant’s husband told to Pramod Yadav to give him rice, dal and potatoes in exchange for the Rs.200/-
Patna High Court CR. MISC. No.3657 of 2022(3) dt.26-07-2022 2/4
due to him of the grass, but accused Pramod Yadav denied. The informant’s husband blamed him of telling lie and asked him to take swear. On hearing this accused Pramod Yadav abused the informant’s husband. In the meantime Nabin Yadav, Pramod Yadav, Kamdev Yadav, Rakesh Yadav and Priyanka Devi came with armed, lathi, danda and indiscriminately assaulted the informant’s husband, during which co-accused Navin Yadav assaulted the informant’s husband with rod due to which he fell down on the ground. When informant Rekha Devi, her daughter Kajal Devi and son Dilkhush Kumar came to save the informant’s husband, then all accused persons naked and dragged the informant and her daughter. All accused persons brutally assaulted the informant’s husband and threatened that if she filed any case they will kill everyone and throw them in river Gangas and during treatment her husband died.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is specific allegation against co-accused namely, Navin Yadav who assaulted the informant’s husband with rod due to which he fell down on the ground. He further submits that there is no specific allegation of assault against this
Patna High Court CR. MISC. No.3657 of 2022(3) dt.26-07-2022 3/4
petitioner and there is general and omnibus allegation. He further submits that the inquest report of deceased Devendra Yadav it appears that he received only one head injury. He further submits that the trial is going on and all together eleven charge sheet witnesses in which three charge sheet witnesses including the informant P.W.-1, P.W.-2 and P.W.-3 have been hostile and they clearly disclosed that they have no knowledge with regard to the alleged occurrence. The petitioner is in custody since 26.11.2021.
The learned counsel for the Informant as well as learned A.P.P. have vehemently opposed the prayer for bail of the petitioner and submits that the trial is going on and P.W.-1, P.W.-2 and P.W.-3 have become hostile.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Prabatta P.S. Case No. 344 of 2021, subject to the following conditions:-
shall be properly represented on each and every date fixed by the court and shall remain physically present
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as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 302/34 of the IPC.
What conditions should be imposed on the grant of bail pending trial.
Whether the hostile testimony of prosecution witnesses affects the bail grant.
1 provisions across 1 enactments
Pramod Yadav
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
