Pramod Kumar @ Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13395 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== PRAMOD KUMAR @ PRAMOD MAHTO S/o Buchay Mahto R/o villageJamunichak Sahri, P.S.- Barh, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 427, 353 of the Indian Penal Code and 27 of the Arms Act as also Sections 141/152 of the Railway Act.

Allegedly, some unknown persons were found throwing stolen from north side railway at Bibhuti Express and sound of firing was also heard by the informant, R.P.F. police.

Patna High Court CR. MISC. No.13395 of 2020(2) dt.23-06-2020 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. The name of the petitioners transpired in this case on the basis of disclosure made by co-accused Sunny and Bhushan Yadav. There is no recovery of any incriminating article from possession of the petitioner. The other co-accused with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, 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 his personal bond to the satisfaction of learned Railway Court, Patna in connection with Railway Bakhtiyarpur (Barh) P.S. Case No. 83 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.13395 of 2020(2) dt.23-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U