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Patna High CourtCR. MISC./7854/2024bail granted

Pramod Kumar Singh v. The State Of Bihar

2024-02-12Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7854 of 2024 Arising Out of PS. Case No.-806 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Pramod Kumar Singh, Male, aged about 30 years, Son of Ram Swarup Singh R/o vill - Haafi Chak, P.S. - Mahua, distt. - Vaishali (Hajipur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Mahua P.S Case No. 806 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 and 272, 237/34 of Indian Penal Code.

3. As per allegation in the FIR, total 150 litres of country-made liquor was recovered from two motorcycles, which was parked outside the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of

Patna High Court CR. MISC. No.7854 of 2024(2) dt.12-02-2024 2/2 the petitioner, petitioner has got clean antecedent as stated in para-3 of the petition and he is in judicial custody since 12.12.2023. He next submits that petitioner is neither the owner of the said motorcycle nor the owner of the said house and hut.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.2, Vaishali at Hajipur in the connection with Mahua P.S Case No. 806 of 2023.

7. However, the trial court is directed to conclude the proceeding of framing of charge according to law within a period of fifteen days from the date of receipt of this order. (Ramesh Chand Malviya, J) Mayank/ Brajesh/- U T