High Court Patna High Court - Orders

Pramod Kumar vs The State Of Bihar on 19 July, 2011

Patna High Court – Orders
Pramod Kumar vs The State Of Bihar on 19 July, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.3325 of 2011
                          Pramod Kumar, S/O-Late Chandradip Yadav
                                            Versus
                                    The State Of Bihar
                                          -----------

04 19.07.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is languishing in jail custody since 06.01.2010

in a case of double murder with allegation that he along with co-

accused shot two persons dead.

Learned counsel for the petitioner seeks bail of the

petitioner on two grounds. Firstly, having similar allegation, co-

accused Kunal has already been granted privilege of bail by another

Bench of this Court vide order dated 02.02.2011 passed in Cr. Misc.

No. 3360 of 2011 and secondly, almost all the so-called eye-witnesses

have already declared hostile and they have not supported the

prosecution story though one witness Rajnikant has supported the

prosecution case but, as a matter of fact, the aforesaid witness is not

an eye-witness of the alleged occurrence.

The report dated 28.03.2011 of learned trial court

reveals that almost all the prosecution witnesses, except Investigating

Officer, Doctor and one Munni Kumari, have already been examined.

Therefore, considering this aspect of the matter that

almost all the prosecution witnesses barring few have already been

turned hostile and having similar allegation, one co-accused Kunal has

already been granted privilege of bail by another Bench of this Court,

let the petitioner be released on bail on furnishing bail bonds of Rs.
2

10,000/- (Ten Thousand) with two sureties of the like amount each to

the satisfaction of 1 st Additional Sessions Judge, Patna City, Patna in

connection with Agamkuan P.S. Case No. 267 of 2009 subject to

condition that petitioner shall attend the trial court in person on each

and every date for the period of nine months failing which the learned

trial court shall be at liberty to cancel the bail bonds of the petitioner.

SHAHZAD                              ( Hemant Kumar Srivastava, J.)