Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33659 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PRAMOD KUMAR Son of Mohan Ray Resident of Village- Mahpur, P.S.- Bochahan, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 106/2021, registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 612.450 liters of illicit liquor from a tourist bus. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.33659 of 2021(2) dt.13-12-2021 2/3 having a clean antecedent and he is languishing in custody since 12.2.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 7 of the present petition that the petitioner is neither the owner of the vehicle in question nor the illicit liquor belongs to him.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the averment of the petitioner to the effect that the petitioner is not the owner of the vehicle in question from which illicit liquor has been recovered, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.33659 of 2021(2) dt.13-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Spl. Judge Excise Muzaffarpur in connection with Ahiyapur P.S. Case No. 106/2021.

(Mohit Kumar Shah, J) Ajay/- U T