Pramod Koda @ Karam Koda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5702 of 2024 Arising Out of PS. Case No.-543 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raj Nandan @CHHOTU @HUNTER @RAJNANDAN Kumar @CHHOTU Kumar S/O Chandeshwar Ram @CHANDRA Shekhar Ram R/O Village - Dighi Kala West, Ps.-SADAR Hajipur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate For the State :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 543 of 2020 instituted for the offence under Section 392 of the Indian Penal Code. 3.

The prosecution case in short is that on 11-092020, when the informant was at his shop, three unknown miscreants entered into the shop of the informant and looted an amount to the tune of Rs. 12,000/-, three mobile phones, ATM Card, Aadhaar Card & Pan Card. It is also alleged that they have assaulted the informant by means of fists and slaps. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-03-2021. Petitioner

Patna High Court CR. MISC. No.5702 of 2024(2) dt.12-02-2024 2/3 bears nine criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the F.I.R. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Uttam Kumar. There is no recovery of any incriminating article from the possession of the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 543 of 2020 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.5702 of 2024(2) dt.12-02-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T