Pramod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51216 of 2018 Arising Out of PS.Case No. -121 Year- 2018 Thana -VAISHALI District- - ====================================================== Pramod Ram S/o Late Kapildeo Ram, R/o Vill.- Chaknait, P.S. and DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

397.44 litres of foreign liquor is said to have been recovered from the Bolero pickup van and the petitioner and its driver namely Mewa Lal Rai were apprehended in the course of escaping from the said vehicle while other accused persons managed to escape and said Mewa Lal Rai disclosed the petitioner as his associate in delivery of the liquor to different persons as per the instruction of the owner of the aforesaid vehicle. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.51216 of 2018 (2) dt.20-08-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in the case at the instance of aforesaid Mewa Lal Rai due to animosity. Barring the aforesaid disclosure made by the said accused, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 26.05.2018. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Addl. Sessions Judge-II cum Special Judge, Excise, Vaishali, Hajipur in connection with Vaishali P.S. Case No. 121 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T