Pramod Kumar Yadav @ Pramod Yadav @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23265 of 2024 Arising Out of PS. Case No.-141 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Pramod Kumar Yadav @ Pramod Yadav @ Pramod Kumar S/o Devaki Yadav Resident of Village- Mohkama, P.S. Rajouli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manmohan Kumar, Advocate For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rajouli P.S. Case No. 141 of 2021 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 300 liters of illicit country made mahua liquor has been recovered from the Job forest area.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. He has no concern with the alleged recovered liquor and place of recovery. Neither the petitioner was arrested on the
Patna High Court CR. MISC. No.23265 of 2024(2) dt.21-03-2024 2/3 spot nor any incriminating article has been recovered from his conscious possession. His name transpired in this case only on the basis of secrect informant and on disclosure of local Chaukidar and spy. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 29.11.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-2, Nawada in connection with Rajouli P.S. Case No.141 of 2021.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on
Patna High Court CR. MISC. No.23265 of 2024(2) dt.21-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) lata/- U T