Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85163 of 2023 Arising Out of PS. Case No.-416 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Pramod Kumar Son Of Ram Prit Sahni R/O Village- Sarewani Chaku, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 412, 414 and 120B of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, there are five named accused persons who were apprehended by the police on the basis of secret information. Upon search, 1.5 kg ganja and country made pistol along with live cartridges have been recovered from co-accused and from the possession of this petitioner, there have been recoveries of one country made pistol along with one live cartridge and Rs. 5,500/-

Patna High Court CR. MISC. No.85163 of 2023(2) dt.15-01-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any narcotics material was recovered from the possession of this petitioner. It is further submitted that the recovered cash belongs to the petitioner. He has no concern with the seized incriminating weapon. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 10.01.2024 in Cr. Misc. No. 84734 of 2023. Moreover, the petitioner is languishing in judicial custody since 29.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bochahan P.S. Case No. 416 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.85163 of 2023(2) dt.15-01-2024 3/3 satisfaction of learned 11th Additional Sessions Judge-cumSpecial Judge, NDPS Act, Muzaffarpur. (Sunil Kumar Panwar, J) Shubham/- U T