Pramod Kumar @ Pramod Yadav @ Pramod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86038 of 2023 Arising Out of PS. Case No.-435 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Pramod Kumar @ Pramod Yadav @ Pramod Kumar Yadav S/O Bhedi Lal Yadav R/O Village- Dudhaila, P.S- Andramanth, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 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 there has been recovery of one live cartridge and one mobile from the possession of 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 was apprehended on spot. The petitioner has no concern with the alleged seized articles, which

Patna High Court CR. MISC. No.86038 of 2023(2) dt.11-01-2024 2/2 was seized by the police. Only on the basis of suspicion and due to his criminal antecedents, petitioner has implicated in the present case by the police. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 20.12.2023 passed in Cr. Misc. No. 80509 of 2023. He is languishing in judicial custody since 22.08.2023.

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 Additional Chief Judicial MagistrateII, Jhanjharpur in connection with Phulparas P.S. Case No. 435 of 2023.

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