Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69393 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== PRAMOD KUMAR S/o Dhrup Yadav R/o Village- Jaukariya, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Majhauliya P.S. Case No. 228 of 2019 registered under Sections 413, 414, 419, 420, 467, 468, 471, 472, 379, 120(B) of the Indian Penal Code and Section 66 of the I.T. Act.

Learned counsel for the petitioner submits that this petitioner is quite innocent and he has committed no offence and falsely been implicated in this case. The name of the petitioner has transpired in the confessional statement of the co-accused Pintu Kumar and Sk. Shahid @ Sahid Anwar. Petitioner has got no criminal antecedent as also that similarly situated co-accused Dharmendra Kumar @ Dharmendra Kumar Yadav has been

Patna High Court CR. MISC. No.69393 of 2019(3) dt.26-11-2019 2/3 granted privilege of anticipatory bail by a learned coordinate Bench of this court in CWJC No. 54407/2019.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the name of the petitioner has transpired in the confessional statement of the co-accused Pintu Kumar and Sk. Shahid @ Sahid Anwar, but save and except the confessional statement, there is no other material to connect this petitioner in the present case and that petitioner has got no criminal antecedent as also that similarly situated co-accused Dharmendra Kumar @ Dharmendra Kumar Yadav has been granted privilege of anticipatory bail by a learned coordinate Bench of this court in CWJC No. 54407/2019, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 228/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.69393 of 2019(3) dt.26-11-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T