Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25982 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Pramod Kumar, Son of Late Mahadev Rai Resident of Village - Itaha, P.S.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Sakra P.S. Case No.415 of 2018 for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.

The allegation against the petitioner as per the FIR is that police intercepted two motorcycle on which three persons were traveling and when the police demanded papers of motorcycle, they disclosed that petitioner along with others gave them motorcycle for sale as these motorcycle were stolen by them for the purpose of sale. Arrested persons also disclosed that stolen motorcycle was kept before one Sudhir Kumar and police went and recovered motorcycle from Sudhir Kumar.

Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated by the co-accused who disclosed the name of the petitioner with oblique motive and he

Patna High Court CR. MISC. No.25982 of 2019(4) dt.02-08-2019 2/2 resides in the same village. Learned counsel further submits that petitioner has got no criminal antecedent and no incriminating materials has been recovered from the possession of the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the petitioner has got no criminal antecedent and nothing has been recovered from the possession of the petitioner and the name of the petitioner has been disclosed by the arrested accused persons, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-XIIIcum-A.C.J.M.-IV, Muzaffarpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T