Pramod Kumar Sahni @ Pramod Byas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46976 of 2021 Arising Out of PS. Case No.-414 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== PRAMOD KUMAR SAHNI @ PRAMOD BYAS, aged about 41 years, Male, Son of Shiv Sahni, Resident of Village - Bahilwara Govind Laxmipur, P.S.- Saraiya, Distt.- Muzaffarpur.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Hans Lal Kumar, Advocate For the Opposite Party :
Mrs. Rita Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2022 Due to the third wave of 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. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in connection with Saraiya P.S. Case No. 414 of 2020 for the offence
Patna High Court CR. MISC. No.46976 of 2021(2) dt.18-01-2022 2/3 registered under Section 392 of the I.P.C.
The prosecution story, in short, is that some miscreants have committed robbery with the informant and looted cash, gold, mobile and bike.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on his self confession made under Section 161 of Cr. P.C. before the police in connection with another case. 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. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact
Patna High Court CR. MISC. No.46976 of 2021(2) dt.18-01-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, 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 his personal bonds to the satisfaction of the learned A.C.J.M. Ist (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 414/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T