Pramod Kumar @ Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39530 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== Pramod Kumar @ Pramod Yadav S/O Ramnarayan Yadav R/O VillageAkbalganj Nisarpura, P.S-Rani Talab, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Rani Talab P.S. Case No. 109 of 2020 registered under Section 379 of the Indian Penal Code.

Allegedly, the tractor of the informant was stolen by unknown thief.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR. His name

Patna High Court CR. MISC. No.39530 of 2021(2) dt.12-04-2022 2/2 has come in course of investigation on the basis of confessional statement of co-accused recorded under Section 161 of the Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. The offence is triable by Magistrate. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Rani Talab P.S. Case No. 109 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T