Pramod Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17910 of 2019 Arising Out of PS. Case No.-353 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== PRAMOD KUMAR RAY Son of Rangi Ray Resident of Village - Dabchhu, P.S.- Basantpur, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ajay Kumar 2 (App 71) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 272, 273, 308 of the Indian Penal Code and Sections30(A), 41(i) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 779.76 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 07-01-2019. Charge sheet in this case has already been submitted. It is alleged that 779.76 liters wine is recovered from a mini bus. The petitioner has been remanded in the present case on the basis of confession made in connection with Basantpur P.S. Case No.

Patna High Court CR. MISC. No.17910 of 2019(2) dt.09-04-2019 2/2 375 of 2018. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Basantpur P.S. Case No. 353 of 2018. (Sudhir Singh, J) A.K.V.//- U T