Pramod Modi @ Pramod Barnwal @ Lambu @ Prahlad Modi @ Prahlad Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7893 of 2019 Arising Out of PS. Case No.-119 Year-2016 Thana- CHANDAN District- Banka ====================================================== Pramod Modi @ Pramod Barnwal @ Lambu @ Prahlad Modi @ Prahlad Barnwal, aged about 42 years, (male), Son of Late Ayodhya Barnwal Resident of Village - Bahirbatari, P.S.- Sono (Charkapathar), District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv For the Opposite Party/s :

Mr.Arun Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 121,121A,120B,353,307 of the Indian Penal Code, Section 25 (1-b) a, 26,27,35 of the Arms Act, 3/4 of Explosive Substance Act, Sections 9,10,11,13 of the U.A.P.Act and Section 17 of C.L.A. Act.

The FIR would reveal that the police was combing for apprehending the Naxals. Firing from Naxals took place. Two of the Naxals were identified who are named in the FIR. Petitioner is not named in the FIR.

Submission is that mere suspicion, the petitioner has been dragged during course of investigation.

Patna High Court CR. MISC. No.7893 of 2019(3) dt.25-04-2019 2/2 Petitioner is in custody since 13.06.2018. Though the petitioner is having criminal antecedent, however, most of the cases are based on suspicion.

Considering the period of custody and completion of investigation, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chandan (Anandpur) Police Station Case No.119 of 2016, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below having immovable property and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T