Pramod Kumar @ Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9624 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== PRAMOD KUMAR @ PRAMOD YADAV, aged about 26 years, (M) Son of Suresh Yadav Resident of Village - Chatar, P.S.- Makhdumpur, Dist. - jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Chandauti P.S. Case No. 199 of 2018 registered for the offence punishable under Sections 401, 413, 414 and 34 of the Indian Penal Code. Informant who is a Police Officer in his self statement has stated that on receiving of information regarding theft of a motorcycle by unknown thief, a checking was being made by him and on seeing police party miscreants riding on two motorcycles tried to flee away, however, they were apprehended, who disclosed their name as Sonu Kumar and Neeraj Kumar and stolen motorcycle was recovered thereafter they disclosed name of Pramod Kumar (petitioner) and others

Patna High Court CR. MISC. No.9624 of 2019(3) dt.05-03-2019 2/3 who are also involved in theft and on their disclosure two more stolen motorcycles were recovered.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on basis of disclosure made by Sonu Kumar and Neeraj Kumar. He was not apprehended on the spot nor stolen motorcycles were recovered from his possession. Petitioner is in custody since 15.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 199 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.9624 of 2019(3) dt.05-03-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T