Patna High CourtCR. MISC./50380/2023bail granted

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

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50380 of 2023 Arising Out of PS. Case No.-654 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Pramod Kumar @ Chikru @ Pramod Kumar S/O Mahendra Das @ Mahendra Ram R/O Village- Machhahi, P.S- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 654 of 2022 dated 07.12.2022 registered for the offences u/ss 399 and 402 of the Indian Penal Code and sections 25 (1-B) A/26/35 of the Arms Act.

4. As per the prosecution case, 4-5 unknown miscreants boarded on two motorcycles holding lethal weapons are alleged to have gathered for making preparation to commit

Patna High Court CR. MISC. No.50380 of 2023(2) dt.16-08-2023 2/3 crime and two miscreants were apprehended who disclosed their names as Pramod Kumar @ Chikru and Rohit Kumar. They also disclosed the name of the co-accused persons as Raja Kumar, Abhijeet Kumar @ Bhoola and Manish Sah, who fled away with a motorcycle. On search, one loaded country made Katta and a mobile phone were recovered from the possession of the petitioner, namely, Pramod Kumar.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 06.06.2023 passed in Cr. Misc. No. 27432 of 2023. The petitioner is accused in one more criminal case and he is on bail in the said criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 08.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.50380 of 2023(2) dt.16-08-2023 3/3 concerned, Muzaffarpur in connection with Sakra P.S. Case No. 654 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T