Pramod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9834 of 2019 Arising Out of P.S. Case No.-910 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== PRAMOD CHAUDHARY, aged about 27 years (Male), Son of Dashain Chaudhary Resident of Village- Takiya Sasaram, P.S.- Sasaram Model, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 23.10.2018 in connection with Sasaram Model P.S.Case No.910 of 2018 for the offence alleged under Section 414 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that two persons were found near the electricity office with two motorcycles taking photographs. On asking by the police, they did not show any papers relating to ownership of the said motorcycles which were found to be stolen one. On their tip of the house of one Lal Babu Kumar was raided and coaccused Mahendra Singh was apprehended. The apprehended

Patna High Court Cr.Misc. No.9834 of 2019(2) dt.19-02-2019 2/3 persons named the petitioner as to be one of the members of the gang indulged in stealing and selling motorcycles. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated on the confessional statement of apprehended co-accused Ranjeet Kumar @ Ranjeet Sonkar who has already been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.68264 of 2018 dated 29.11.2018. He submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody since nearly four months, chargesheet having been submitted, there being no allegation of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sasaram Model P.S.Case No.910 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Rohtas at

Patna High Court Cr.Misc. No.9834 of 2019(2) dt.19-02-2019 3/3 Sasaram, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T