Patna High CourtCR. MISC./1574/2024allowed

Pramod Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1574 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== PRAMOD KUMAR S/O SADHU CHAUHAN VILLAGE- GHIRA BHIGA, PS. MAKHDUMPUR, TEHTA, DIST. JEHANABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Prasad For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 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 393, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot when he along with other was assembled to commit an offence. On search one live cartridge was recovered from his possession and from the place of recovery one motorcycle was also recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.1574 of 2024(2) dt.24-01-2024 2/2 committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged recovery nor from recovered motorcycle rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nardiganj P.S. Case No. 306 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/C A.C.J.M., Nawada.

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