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
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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.)