Pramod Kumar @ Pramor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49303 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- BIHTA District- Patna ====================================================== Pramod Kumar @ Pramor Kumar Son of Late JItan Ram @ Jitan Ray R/O Village- Kanhauli, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Choudhary,Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in Bihta P.S. case No. 128 of 2024 registered under Sections 401, 413 and 414 of the Indian Penal Code.
3. The prosecution allegation, in short, is that the police on search apprehended one accused persons and recovered one motorcycle and on inquiry he told that he along with accused persons including the petitioner used to steal and sell the stolen motorcycle.
4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.49303 of 2024(2) dt.19-07-2024 2/3 implicated in this case. The petitioner has got no criminal antecedent. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Anshu Kumar which has no evidentiary value. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged crime and only on the basis of suspicion, the petitioner has been made accused in the present case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that the petitioner is named in the F.I.R.
6. 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 six 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 the Court below/concerned Court in connection with
Patna High Court CR. MISC. No.49303 of 2024(2) dt.19-07-2024 3/3 Bihta P.S. case No. 128 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Pankaj/- U T