Pramod Rai @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36025 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- MANJHI District- Saran ====================================================== PRAMOD RAI @ PRAMOD KUMAR S/O Sonabi Ray Resident of Village - Jalalpur, P.S. - Saraiya (Jaitpur OP), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30, 30(a), 38(i) (ii), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 1800 litres of liquor was recovered from the vehicle in question.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from possession of the petitioner. He has been falsely implicated in the case. The petitioner was not apprehended at the spot. However, in course of investigation it allegedly transpired that he was in regular touch with the driver and khalasi of the vehicle who were taken into custody. The petitioner is in custody since 11.11.2020 and chargesheet has been submitted in

Patna High Court CR. MISC. No.36025 of 2021(2) dt.21-12-2021 2/2 the case.

The application for bail is opposed by learned APP for the State who submits that the petitioner has a number of antecedents under the Bihar Prohibition and Excise Act, 2016. Having heard learned counsel for the parties and taking into consideration the facts of the case and the petitioner having remained in custody for more than one year, the petitioner is directed to be enlarged on bail in connection with Manjhi P.S. Case no. 48 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum- Special Judge, Excise, Saran.

(Partha Sarthy, J) Spd/- U