Pramod @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5559 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== PRAMOD @ PRAMOD KUMAR SON OF LATE RAM KUMAR, R/O VILLAGE- GOHARSHU, P.S.-SARPATHAN, DISTRICT- YAMPUR (UTTAR PRADESH).

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha For the Opposite Party/s :

Ms. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Fulwaria P.S. Case No. 86 of 2021 registered for offence punishable under sections 30 (a), 36, 41 (i) (ii) of the Bihar Prohibition and Excise Act and sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that the petitioner is a truck driver wherefrom approximately 909 litres of liquor was recovered. He has submitted further

Patna High Court CR. MISC. No.5559 of 2022(2) dt.25-05-2022 2/3 that the petitioner was not aware with the consignment loaded by the owner on his truck. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 01.06.2021.

Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Begusarai in connection with Fulwaria P.S. Case No. 86 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.5559 of 2022(2) dt.25-05-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T