Pramukh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57538 of 2023 Arising Out of PS. Case No.-339 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== PRAMUKH KUMAR S/O ASHESHAR YADAV R/O VILLAGEPURUSHOTTAMPUR, WARD NO. 11, P.S- MAJHAULIYA, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 400, 402 of the Indian Penal Code and Sections 25, 25(1-b)a, 35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and

Patna High Court CR. MISC. No.57538 of 2023(2) dt.01-09-2023 2/3 there has been recovery of one loaded country-made pistol and one mobile phone from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that the other co-accused namely, Sukesh Patel has already been granted bail vide order dated 30.06.2023 passed in B.P. No. 2318 of 2023 by learned Court below itself. He is languishing in judicial custody since 08.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.57538 of 2023(2) dt.01-09-2023 3/3 satisfaction of the learned Court below in connection with Majhaulia P.S. Case No. 339 of 2023.

(Sunil Kumar Panwar, J) arish/- U