Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16262 of 2021 Arising Out of PS. Case No.-361 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== PRAMOD RAI SON OF JUGEBHAR RAI RESIDENT OF VILLAGECHILRAW, PS-TURKAULIYA, DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office.

The petitioner is apprehending his arrest in connection with Excise Case No. 361 of 2020 for the offence registered under Sections 30(a) of the Bihar Prohibition and Excise Act. The prosecution case in brief is that on the basis of secret information, police reached at Dubey Tola Chauk and after seeing police force one person fleeing away and one person was apprehended on motorcycle and on search 120 liters of country made liquor kept in two bags was recovered from the motorcycle.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that nothing incriminating has been recovered from the conscious or

Patna High Court CR. MISC. No.16262 of 2021(2) dt.13-12-2021 2/2 constructive possession of the petitioner or from the house of the petitioner. He has been made accused in the present case at the instance of his enemies. It is further submitted that the motorcycle from which liquor was recovered does not belong to the petitioner rather co-accused Chuman Kumar was apprehended with the alleged motorcycle. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No. 361 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T