Pramod Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26513 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- KORHA District- Katihar ====================================================== Pramod Mahaldar S/O Gurudeo Mahaldar Resident of Village- Musapur Ward No.- 02, P.S- Korha, Distt.- Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Korha P.S. Case No. 13 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, 20 litre illicit country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case in which he is on bail. He further submits that in fact alleged recovery has been made from the field which was situated backside of the house of

Patna High Court CR. MISC. No.26513 of 2025(2) dt.07-05-2025 2/3 the petitioner but it has been shown by the police that alleged liquor has been recovered from the house of the petitioner. He further submits that petitioner has no separate house and he used to live in joint family house and hence, petitioner cannot be held responsible for the alleged recovery. He further submits that petitioner has no concern with the seized liquor. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found on the place of occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Excise Court No. 2, Katihar in connection with

Patna High Court CR. MISC. No.26513 of 2025(2) dt.07-05-2025 3/3 Korha P.S. Case No. 13 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T