Pramod Ray @ Ram Pramod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11649 of 2018 Arising Out of PS.Case No. -266 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== PRAMOD RAY @ RAM PRAMOD RAY .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Tajpur PS case no. 266 of 2017 registered for the offences punishable under Sections 30(a) and 38(i)(ii) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 7.5 liters of illicit liquor from the place situated outside the land of the petitioner herein.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the place from where the illicit liquor has been recovered, is situated within the land belonging to the petitioner herein.

Patna High Court Cr.Misc. No.11649 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II-cum- Special Judge, Excise Act, Samastipur in connection with Tajpur PS case no. 266 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T