Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16206 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== PRAMOD RAI Son of Late Ram Ayodhya Rai Resident of Village - Belwa Dih, P.S.- Kalyanpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 1.2.2019 in a case registered for the offences punishable under Sections 272 and 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that on complaint being made on the Helpline, a raid was laid in the house of Suresh Mahto when on a Passion Pro motorcycle four persons tried to escape. It is alleged that one persons was apprehended on chase who disclosed his name as Pramod Rai (petitioner) and the petitioner also disclosed the names of the persons who escaped from the scene as Firoz Rai, Suresh Mahto and Raj Kumar Mahto and from the aforesaid motorcycle, 30 litres country made liqour and from

Patna High Court CR. MISC. No. 16206 of 2019(2) dt.15-03-2019 2/2 the nearby heap of straw , 44.7 litres country made liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the seized motorcycle and only on the basis of suspicion, the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery was made from the motorcycle and the petitioner was standing there. Considering the period under custody and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released 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 learned 7th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Dumariyaghat P.S. Case No.18 of 2019. (Dinesh Kumar Singh, J) anil/- U