Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27799 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Pramod Kumar S/O Vinay Prasad Gupta R/O Village- Rafiganj Road Goh Bazar, P.S- Goh, Distt- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Obra P.S. Case No. 45 of 2024 instituted for the offence under Sections 461 & 379 of the Indian Penal Code. 3.

Prosecution case in short is that informant has alleged that some of the paddy bags from his godown was stolen by someone and as such he installed CCTV Camera in his godown. A tempo was seen in the CCTV footage on 04-02-2024 and on that basis two accused persons were apprehended. On interrogation, they disclosed that they had committed theft of paddy. During the course of investigation, the alleged stolen paddy has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.27799 of 2024(2) dt.29-04-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-02-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Sanjay Kumar and Guddu Kumar and the same has no evidentiary value. It is submitted that petitioner has no concern with the alleged recovered tempo. As far as recovery of 20 bags of paddy from the possession of the petitioner is concerned, the accused persons have sold the same to the petitioner and petitioner is a bona fide owner of shop namely, Vinay Galla Bhandar, which would manifest from annexure-2 to the bail application. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.27799 of 2024(2) dt.29-04-2024 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Obra P.S. Case No. 45 of 2024 .

(Rudra Prakash Mishra, J) Raj kishore/- U T