Allowed

Pramod Paswan v. The State of Bihar

Patna HC25 Mar 2022CR. MISC./49925/2021

Case brief

AI extract

What is this about?

In a bail application under Sections 401 and 414 IPC, the Patna High Court granted regular bail to the petitioner, citing no incriminating material recovered from him, his co-accused already being on bail, and his arrest occurring post-case registration.

What did the court decide?

Petitioner was released on regular bail on furnishing bonds of Rs. 20,000 with two sureties of the like amount each under the supervision of the Railway Judicial Magistrate, Patna.

Pramod Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49925 of 2021

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Arising Out of PS. Case No.-13 Year-2016 Thana- PATNA GRP CASE District- Patna

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======================================================

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PRAMOD PASWAN S/O LATE SURESH PASWAN R/o Mohalla- Behind R. Block, P.N.T. Colony, P.S.- Sachiwalya, District- Patna. Permanent Address R/o village- Triloki Bigha, P.S.- Hilsa, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 25-03-2022 Heard Mr. Manish Kumar No. 2, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioner seeks regular bail in connection with G.R.P. Patna Junction P.S. Case No. 13 of 2016 registered for the offences punishable under Sections 401 and 414 of the Indian Penal Code 1860.

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The Police during patrolling at Platform of Patna Junction intercepted two persons and upon seeing the Police Party, the accused persons started fleeing away. However, one accused person namely, Prem Kumar, was arrested and another succeeded in fleeing away. The name of the petitioner has been

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Patna High Court CR. MISC. No.49925 of 2021(2) dt.25-03-2022 2/3

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disclosed by arrested co-accused person. On search, four mobile phones, two pieces of blades wrapped in a paper and Rs.150/cash were recovered from possession of arrested co-accused.

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Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of disclosure of his name by arrested co-accused person. He further submits that no incriminating material and/or stolen property has been recovered from possession of the petitioner. He next submits that the co-accused Prem Kumar who was arrested on the spot has been granted bail by learned court below itself. The petitioner is in custody since 1.2.2021.

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Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no incriminating material and/or stolen property has been recovered from possession of the petitioner, the petitioner is in custody since 1.2.2021 and co-accused has already been granted bail by learned court below itself, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/(Twenty thousand) with two sureties of the like amount each to

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Patna High Court CR. MISC. No.49925 of 2021(2) dt.25-03-2022 3/3

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the satisfaction of learned Railway Judicial Magistrate, Patna, in connection with G.R.P. Patna Junction P.S. Case No. 13 of 2016 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Pramod Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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