Pramod Kumar @ Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1731 of 2020 Arising Out of PS. Case No.-166 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Pramod Kumar @ Dhirendra Kumar, Son of Daroga Prasad, Resident of Village - Jautipur Kawa, P.S.- Hilsa, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Tilak Sao, Advocate For the Opposite Party/s :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Rupaspur P.S. Case No. 166 of 2018 registered for the offences punishable under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of this petitioner. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.1731 of 2020(2) dt.14-01-2020 2/3 that the dead body of the deceased was found in between a field near Railway line, the petitioner is not named in the F.I.R. but in course of investigation police brought the name of the petitioner and the co-accused Devendra Mahto as also Naresh Mahto, however, the co-accused have been granted privilege of anticipatory bail by learned Co-ordinate Benches of this Court in Cr. Misc. No. 25625 of 2019, Cr. Misc. No. 79588 of 2019 and while considering the anticipatory bail application of the coaccused the learned Co-ordinate Bench has noticed that the deceased had allegedly entered into a property transaction with his cousin brother Rakesh Kumar and on mere suspicion police has named the accused persons, the petitioner is in custody since 14.11.

2019 having no criminal antecedent, let the petitioner above named be released on bail in connection with Rupaspur P.S. Case No. 166 of 2018 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur, subject to the condition as laid down under Section 437 (3) Cr.P.C.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.1731 of 2020(2) dt.14-01-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U T