Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77005 of 2019 Arising Out of PS. Case No.-558 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== PRAMOD KUMAR Son of Lakhindra Mahto @ Lakhendra Mahto Resident of Village- Madhuwan, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Saraiya P.S. Case No. 558 of 2018 registered under Sections 395, 397 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R, no incriminating articles have been recovered from his possession. Learned counsel submits that petitioner has not been identified and there is no direct evidence against the him, as also petitioner has remained in custody for more than three months. Learned counsel further submits that the investigation against the petitioner is complete and the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.77005 of 2019(2) dt.16-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for regular bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is not named in the F.I.R, no incriminating articles have been recovered from his possession and that he has not been identified and there is no direct evidence against the petitioner as also petitioner has remained in custody for more than three months, the investigation against him is complete and the petitioner has no criminal antecedent, let the above-named petitioner be released 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 Sub-Judge, 1st - cum A.C.J.M., 1st (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 558 of 2018, subject to the condition as laid down under Section 437(3) Cr.P.

C.

Patna High Court CR. MISC. No.77005 of 2019(2) dt.16-01-2020 3/3 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 or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T