Pramod Kumar @ Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12751 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== Pramod Kumar @ Mukhiya, Son of Chhote Narayan Singh Resident of Village- Chamandi (Fatehpur Sanda), P.S.- Kurtha, District- Arwal ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Paras Nath, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Excise Case No. 730 of 2021 arising out of Kurtha P.S. Case No. 105 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that the petitioner is in custody since 30.10.2021, charge-sheet has been submitted and has antecedents of seven cases and allegation is of recovery 10.5 litre liquor from a motorcycle. Learned counsel for the petitioner submits that petitioner was not arrested on the spot. His name transpires in the confessional statement of the apprehended accused which has no evidentiary value.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.12751 of 2022(2) dt.21-03-2022 2/2 Considering the fact that the petitioner is in custody, charge-sheet has been submitted and the petitioner was not arrested on the spot, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No. 2, Jehanabad in connection with Excise Case No. 730 of 2021 arising out of Kurtha P.S. Case No. 105 of 2021. (Satyavrat Verma, J) khushbu/- U T