Pramod Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39613 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Pramod Sharma S/o Bucho Sharma R/o vill- Barteni, ward no. 2, P.S. - Udakishunganj, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Alamnagar P.S. Case No. 359 of 2023 instituted for the offence under Sections 304, 201, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused persons including the petitioner have abducted the son of the informant. Later on, dead body of the son of the informant was found in the pond.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-12-2023. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.39613 of 2024(3) dt.22-10-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. There is no eye witness to the occurrence. It is submitted that son of the informant had gone to attend the marriage and while he was returning to his home, his vehicle met with an accident, resulting to his death. Charge sheet has 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. It is submitted by referring to paragraph No.2 of the case diary, which is confessional statement of the petitioner, in which he has confessed his guilt very categorically. It is also submitted that on the basis of confessional statement, dead body of the deceased was recovered.

7.

Considering the aforesaid facts and circumstances of the case, nature and gravity of offence as also there being direct allegation against the petitioner, which fact is corroborated by his confessional statement made before police, leading to recovery of dead body, this Court is not inclined to grant bail to the petitioner. Prayer is rejected. 8.

However, petitioner will be at liberty to renew his

Patna High Court CR. MISC. No.39613 of 2024(3) dt.22-10-2024 3/3 prayer for grant of bail, if the trial is not concluded within a period of nine months.

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