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Patna High CourtCR. MISC./16193/2025bail granted

Pramod Kumar Bind @ Pramod Kumar Mahto @ Parmod Mahto v. The State Of Bihar

2025-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16193 of 2025 Arising Out of PS. Case No.-598 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Pramod Kumar Bind @ Pramod Kumar Mahto @ Parmod Mahto S/o Vikas Mahto Resident of Mohalla - Purvi Nand Gola, P.S- Malsalami, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Malsalami PS Case No. 598 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 237 litres of country made liquor was recovered from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.16193 of 2025(2) dt.18-03-2025 2/3 petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the joint house of the petitioner where the other family members also reside. It is further submitted that local people disclosed the name of the petitioner. The petitioner is in custody since 05.02.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. 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, after framing of charge if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 598 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.16193 of 2025(2) dt.18-03-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T