Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76569 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== PRAMOD SINGH Son of Arjun Singh R/o vill - Kuadh, ward no. 6, P.S. - Jaynagar, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per F.I.R., on getting information that some 5-6 miscreants with arms had assembled at a lonely place in Chitragupt Colone and were making plan for committing dacoity, the police party proceeded towards reach at place of occurrence, on seeing the police party the miscreants tried to flee away but on chase four accused persons were apprehended and they disclosed the name of petitioner as fled away person.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. His name has been transpired in the present case only on basis of confessional

Patna High Court CR. MISC. No.76569 of 2023(2) dt.01-12-2023 2/2 statement of apprehended co-accused which has no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. During investigation, no consistent material has come against the petitioner which suggests his complicity in the alleged occurrence. Petitioner is languishing in judicial custody since 19.08.2023.

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 satisfaction of the learned court of C.J.M., Madhubani in connection with Jaynagar P.S. Case No.345 of 2023.

(Sunil Kumar Panwar, J) lata/- U T