Dismissed

Pramod Rai @ Pramod Kumar v. the State of Bihar

Patna HC1 May 2023CR. MISC./72813/2022

Case brief

AI extract

What is this about?

The Patna High Court rejected a prayer for anticipatory bail in a criminal case involving sand mining disputes and multiple serious charges. While refusing immediate bail, the court directed that if the petitioner surrenders, the lower court shall consider a future bail application on its merits.

What did the court decide?

Prayer for anticipatory bail rejected; directed lower court to consider future bail prayer on merits if petitioner surrenders.

Pramod Rai @ Pramod Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72813 of 2022

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Arising Out of PS. Case No.-9 Year-2021 Thana- KOILWAR District- Bhojpur

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

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Pramod Rai @ Pramod Kumar S/O Raj Kumar R/O Village- Maanchak, P.SKoilwar, District- Bhojpur

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 01-05-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Let the defect(s), if any, as pointed out by the office, be removed within a period of four weeks from today.

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In the present case, the petitioner is apprehending his arrest in connection with Koilwar P.S. Case No. 09 of 2021, registered on 09.01.2021, for the alleged offence under Sections 384, 386, 307, 427/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35/27 of the Arms Act.

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As per prosecution case, police received secret information about assembling of two group of criminals, who had resorted to firing for gaining dominance over the sand mining and adjoining sand ghats. The police reached there and area was surrounded. Fire shots were heard. The police was also

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Patna High Court CR. MISC. No.72813 of 2022(2) dt.01-05-2023 2/3

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told about the sand mining from the raiyati land of farmers. On seeing the police party, criminals fled away from there but one of them was apprehended with firearms and the petitioner was named by the local chowkidar as the person who made good his escape along with others FIR named co-accused persons.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as he is having enmity with local chowkidar . There is no specific allegation against the petitioner, who has no concern with the sand mining and the persons who were making firing at the said place of occurrence. Altogether 22 persons have been named in the FIR along with 10-12 unknown persons and it was not possible to identify the persons who escaped from the place of occurrence.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail submitting that petitioner is a member of gang who were frequently involved in firing and he has also got criminal antecedent of number of cases including one under the SC/ST (Prevention of Atrocities) Act.

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Having regard to the facts and circumstances and in view of serious nature of allegation against the petitioner, I do not think it is a fit case for grant of anticipatory bail.

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Hence, prayer for anticipatory bail of petitioner is

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Patna High Court CR. MISC. No.72813 of 2022(2) dt.01-05-2023 3/3

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hereby rejected. However, if the petitioner surrenders before the learned lower court, the learned lower court shall consider the prayer for bail on its own merit, without being prejudiced by this order.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Pramod Rai @ Pramod Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Rai @ Pramod Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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