Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10370 of 2020 Arising Out of PS. Case No.-259 Year-2018 Thana- SARAI District- Vaishali ====================================================== PRAMOD SINGH S/o Late Nagina Singh R/o Village- Rajapakar, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Sarai Police Station Case No. 259 of 2018, disclosing offences under Sections 414/120-B of the Indian Penal Code. The prosecution case, in brief, is that the police, after receiving secret information that three stolen tractors were being loaded on a container near the brick kiln at Dharampur, proceeded towards the place of occurrence and arrested six accused persons from the spot and also seized three tractors, one alto car and one container. It has further been alleged that two miscreants managed to escape from the place of occurrence. The arrested co-accused person, in his confessional statement,

Patna High Court CR. MISC. No.10370 of 2020(2) dt.17-06-2020 2/3 disclosed the name of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been dragged in this case on the basis of the confessional statement of the co-accused. He further submits that no incriminating material has been recovered from the possession of the petitioner and the petitioner has got no criminal antecedent.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no incriminating material has been recovered from the possession of the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Vaishali, at Hajipur, in connection with Sarai Police Station Case No. 259 of 2018, subject to the condition

Patna High Court CR. MISC. No.10370 of 2020(2) dt.17-06-2020 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √