Pramod Kumar Rai @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13226 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- AMNAUR District- Saran ====================================================== PRAMOD KUMAR RAI @ PRAMOD KUMAR Son Of Lal Saheb Rai R/O Vill.- Sirisiya Jagdeo, P.S.- Amnour, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Amnour P.S. Case No. 186 of 2022, dated 29.06.2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of l.800 litres English Wine and 130 litres of Country-made Wine, i.e total 131.800 litres of illicit wine which is stated to have been recovered from Bathan of the house of petitioner's father namely, Lal Saheb Rai, who was arrested at the spot but the petitioner was not arrested at the spot and the said recovery was not made from the conscious possession of this petitioner and he has been languishing in jail since 30.08.2022 and against the
Patna High Court CR. MISC. No.13226 of 2023(2) dt.05-05-2023 2/2 petitioner investigation has been completed and he is a very young person of age about twenty years. Further submissions are that against the petitioner there is criminal antecedent of one case in which he is on bail and co-accused, Lal Saheb Rai has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 44488 of 2022.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly petitioner's young age and his custody period and completion of investigation against him and also the fact that co-accused, Lal Saheb Rai has been granted bail by a co-ordinate Bench of this Court, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Amnour P.S. Case No. 186 of 2022.
(Shailendra Singh, J.) maynaz/- U T