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Patna High CourtCR. MISC./16551/2023bail granted

Pramod Sah v. The State Of Bihar

2023-05-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16551 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- JADOPUR District- Gopalganj ====================================================== Pramod Sah S/O Jamadar Sah R/O Village-Fulwariya, P.S-Kuchaikote, DisttGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Jadopur P.S. Case No. 23 of 2023 dated 07.02.2023 registered for the offences punishable under Section 414 of IPC and Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 238.26 litres of Indian made English wine and the same is stated to have been recovered from trolley of a tractor, though the petitioner was apprehended at the spot of recovery but he was bonafidely discharging his duty as a driver of the alleged vehicle and he is not the owner of the alleged vehicle and the petitioner has been languishing in jail since 08.02.2023 having fair and

Patna High Court CR. MISC. No.16551 of 2023(2) dt.08-05-2023 2/2 clean antecedent and against him the investigation has been completed.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent, his custody period and the completion of investigation against him, 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 concerned Court in connection with Jadopur P.S. Case No. 23 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T