Patna High CourtCR. MISC./18711/2024bail granted

Pramod Kumar v. The State Of Bihar

2024-03-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18711 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Pramod Kumar S/O Baban Ram R/O Village- Jataha, P.S- Phulwariya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Phulwariya P.S. Case No. 306 of 2023, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 189 liters liquor was recovered from gunny bags and motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that name of the petitioner has been transpired from the confessional

Patna High Court CR. MISC. No.18711 of 2024(2) dt.13-03-2024 2/2 statement of co-accused Bullet Ram. The petitioner is in custody since 06.02.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulwariya P.S. Case No. 306 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T