Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58124 of 2022 Arising Out of PS. Case No.-522 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== PRAMOD KUMAR Son of Ram Chandra Prasad Yadav @ Ramchandra Yadav Resident of Village - Shripur Dih Tola, Ward No.- 11, P.S.- Madhepura, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 522 of 2022, registered for the offence punishable under Sections 25 (1-B) a / 26 of the Arms Act.

The case of the prosecution, in brief, is that the police had raided the house of the petitioner in the night of 04-05.06.2022 at about 2:45 am. and apprehended him, whereafter search was made and one loaded pistol with two magazine containing five bullets each were recovered from beneath the pillow.

Patna High Court CR. MISC. No.58124 of 2022(2) dt.06-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 06.06.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other cases, but is on bail in one of them. It is further submitted that the petitioner has already been suitably punished on account of period of incarceration of the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is

Patna High Court CR. MISC. No.58124 of 2022(2) dt.06-01-2023 3/3 directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 522 of 2022.

(Mohit Kumar Shah, J) Ajay/SonalU T