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Patna High CourtCR. MISC./6144/2023allowed

Pramod Kumar Pandey @ Pramod Pandey v. The State Of Bihar

2023-04-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6144 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== Pramod Kumar Pandey @ Pramod Pandey S/O Late Baijnath Pandey Resident Of Village- Losdhi - Baraon @ Lodhi- Barawan, P.S.- Sasaram (Muffasil), District- Rohtas.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The prosecution case in nutshell is that eight miscreants confined the workers of the informant and took away three tractors with Dalla, stone paper of Iron about 120 pieces, 4-5 Gas cylinders and other materials from the construction site.

Patna High Court CR. MISC. No.6144 of 2023(2) dt.10-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his possession. The name of the petitioner sprang up in this case on the confessional statement of co-accused Karan Ram @ Gora. Moreover, the petitioner is languishing in judicial custody since 27.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Akorhigola P.S. Case No. 149 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.6144 of 2023(2) dt.10-04-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Rohtas.

(Sunil Kumar Panwar, J) nirajkrs/- U T