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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29742 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- JOGBANI District- Araria ====================================================== PRAMOD KUMAR BHARDAR @ PRAMOD BHARDAR Son of Laxman Bhardar Resident of Village- Ward No.-2, Palasi, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Rajendra Pd. Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 395 of the Indian Penal Code. Allegation is that in the night 10-15 unknown miscreants looted cash and articles like iron steel rod, battery, inverter etc from the godown.

Patna High Court CR. MISC. No.29742 of 2020(2) dt.11-12-2020 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in this case on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Looted articles are said to have been recovered from the possession of co-accused Mannu Kumar, Shekhar Lal Das and Sikandar Bahardar. There is no recovery of any looted articles from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani P.S. case No.97 of 2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.29742 of 2020(2) dt.11-12-2020 3/3 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T