Pramod Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19947 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- KARJAIN District- Supaul ====================================================== Pramod Sharma Son Of Devsundar Sharma Resident Of Village - Karjain, W.N. - 13, P.S. - Karjain, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 365, 120B/34 of the Indian Penal Code. It is alleged by the informant in the F.I.R that his son went missing for the last ten days and he raised a suspicion that this petitioner and co-accused Golu Thakur might have kidnapped and killed his son. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. As per own version of the

Patna High Court CR. MISC. No.19947 of 2023(4) dt.22-08-2023 2/3 informant in the F.I.R, Golu Thakur has engaged his son as Cleaner/Khalashi on his truck and he called the victim to come and take his dues. The petitioner had no role in the aforesaid transaction and only on the basis of suspicion, the petitioner has been roped in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. During investigation also, no concrete material evidence has been collected against the petitioner, except confession before the police which has no evidentiary value in the eye of law. The petitioner is languishing in custody since 18.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.19947 of 2023(4) dt.22-08-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Supaul at Birpur in connection with Karjain P.S. Case No. 29 of 2022(Sessions Trial No. 373/2022).

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