Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79306 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Pramod Kumar, Son of Raghunath Prasad Resident of Village-Ahawar Sheikh, Churiharwa Tola, Police Station- Bettiah Muffasil, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Majhauliya P.S. Case No. 285 of 2018 registered under Section 413 & 414 of the Indian Penal Code.

A stolen motorcycle is said to have been recovered from the possession of the accused Guddu Kumar who has named the petitioner as one of his associates in the occurrence of stealing the motorcycle and on his confessional statement three motorcycles were recovered from the house of three other associates of Guddu Kumar.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner

Patna High Court Cr.Misc. No.79306 of 2018(2) dt.18-01-2019 2/2 has committed no offence and has no concern with the aforesaid occurrence. Nothing incriminating article has been recovered from his conscious physical possession. As a matter of fact, petitioner has been falsely implicated in this on the confessional statement of co-accused Guddu Kumar due to animosity and barring the aforesaid confessional statement there is nothing on record indicating the complicity of the petitioner in the occurrence. The petitioner has no criminal antecedent and has been languishing in custody since 03.10.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhauliya P.S. Case No.285 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T