Pramod Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9434 of 2019 Arising Out of PS. Case No.-299 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Pramod Chouhan, aged about 22 Years, (M), Son of- Sureman Chouhan, Resident of village-Mahdah P.S..-Buxar(M) District-Buxar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Kamal Deo Sharma, Advocate.

For the Opposite Party :

Mr.Ahmad Ali,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 399, 402, 414 of the IPC and 25(1-b)a and 35 of the Arms Act.

The prosecution story, in brief, is that as per the written report of S.I., Ravi Shankar of Buxar (Muffasil) Police Station is to the effect that on 12.10.2018 at 7.30 A.M., a secret information was received that in the house of Sunil Rajbhar @ Dara Rajbhar, 5-6 miscreants have assembled and are planning to commit a crime and they are also having a stolen motorcycle, whereupon raid was laid, on seeing the police personnel, some of them escaped from the scene and on chase being made, two persons were apprehended, who disclosed their names as Sunil

Patna High Court Cr.Misc. No.9434 of 2019(2) dt.19-02-2019 2/3 Rajbhar @ Dara Rajbhar and Dhanoj Chouhan, who confessed the name of the petitioner and other persons. It is further alleged that from the possession of Sunil Rajbhar @ Dara Rajbhar, one country made pistol alongwith two live cartridges, a motorcycle and other articles were recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has been disclosed by co-accused. There is no recovery of any incriminating article from possession of the petitioner. Other coaccused Mohan Chouhan @ Manmohan Chauhan has been granted by another Co-ordinate Bench of this Court vide Cr. Misc. No. 7883 of 2019 order dated 11.02.2019. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the

Patna High Court Cr.Misc. No.9434 of 2019(2) dt.19-02-2019 3/3 like amount each to the satisfaction of the learned C.J.M. Buxar, in connection with Buxar (M) P.S. Case No. 299 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T