Pramod Kumar @ Promad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32994 of 2021 Arising Out of PS. Case No.-10 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== Pramod Kumar @ Promad Kumar Son Of Late Janardan Singh R/O VillageMakanpur, P.S.- Warsaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bakhtiarpur P.S. Case No. 10 of 2019 registered under section 395 of the Indian Penal Code.

Prosecution case in short is that the co-accused persons including the petitioner looted the goods from the vehicle of the informant and tied his hands and legs. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to local enemies. It is further submitted that the petitioner is not named in F.I.R. rather his name has been transpired in this case on the basis of

Patna High Court CR. MISC. No.32994 of 2021(6) dt.20-02-2023 2/2 confessional statement of co-accused, namely, Sanjeet Kumar before the police. He has not been put on T.I.P. and nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused persons have already been granted bail by different co-ordinate Benches of this Court vide order dated 18.11.2019 in Cr. Misc. No. 70046 of 2019 and order dated 15.07.2019 in Cr. Misc. No. 31672 of 2019, which are annexed as Annexure-3 series. The petitioner is languishing in judicial custody since 09.01.2019.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bakhtiarpur P.S. Case No. 10 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Barh.

(Sunil Kumar Panwar, J) shubham/- U T