Pramod Kumar @ Pramod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19446 of 2019 Arising Out of PS. Case No.-527 Year-2018 Thana- MANER District- Patna ====================================================== Pramod Kumar @ Pramod Kumar Rai (Male-aged about 26 years) Son Krishna Rai R/o village- Sherpur, P.S.- Maner, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Bihari Tiwary, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act registered in connection with Maner P.S. Case No. 527 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of extra-judicial confession of coaccused Rajesh Kumar except which there is no material to connect the petitioner with the alleged occurrence. Recovery of the motorcycle said to be stolen one has been made from possession of coaccused Rajesh Rai and no incriminating article has been recovered from possession of the petitioner. The petitioner is accused in one prior case of different nature in which he has been granted bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Miss

Patna High Court CR. MISC. No.19446 of 2019(2) dt.01-04-2019 2/2 Nutan Kumari, learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 527 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T