Pramod Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14205 of 2019 Arising Out of PS. Case No.-375 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== PRAMOD KUMAR RAY Son of Rangi Ray, resident of village-Dabchhum, P.S.-Basantpur, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Basantpur, P.S. Case No. 375 of 2018, registered for the offence punishable under Sections 272, 273, 308 and 34 of the I.P.C and Section 30 (A), 41 (i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case total 1800 liters spirit was seized. Learned counsel for the petitioner submits that illicit spirit use for manufacturing of illicit liquor was not seized from the house of the petitioner but from the house of Bipul Kumar Rai and Rama Shankar Rai. On the other hand, learned A.P.P. opposes the bail prayer of the petitioner and submits that petitioner has criminal

Patna High Court CR. MISC. No.14205 of 2019(2) dt.07-03-2019 2/2 antecedent and he was made accused in similar nature of case. Considering the fact that nothing was recovered from the possession of the petitioner and spirit was seized from the house of Biput Kumar Rai and Rama Shankar Rai, the Court is inclined to grant bail to the petitioner, but at the same time while granting the bail, the Court is conscious about the fact that earlier petitioner was made accused in similar matter of case, the Court is constrained to impose stringent condition. Let, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.D.J.-II-cumSpecial Judge, Excise Act, Siwan in connection with Basantpur P.S. Case No. 375 of 2018, subject to the condition that his both bailors should be elected representative of the local body. (Anil Kumar Upadhyay, J) T.Kr./- U T