Pramod Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36765 of 2021 Arising Out of PS. Case No.-72 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== PRAMOD CHAUDHARY Son of Late Karu Choudhary Resident of VillageGovindpur Dih, P.S.- Govindpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with G. O. Case No. 72 of 2021, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the prosecution Report, is that the excise officials, on the basis of secret information, raided the house of the petitioner and recovered a total quantity of 85 litres of illicit country-made liquor kept in a drum. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from perusal of the prosecution report, it would be evident that the

Patna High Court CR. MISC. No.36765 of 2021(2) dt.07-01-2022 2/2 place, from where the illicit liquor has been recovered, has not been mentioned. He further submits that the petitioner is in custody since 19.02.2021.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, no illicit liquor has been recovered from the conscious possession of the petitioner, and the petitioner is in custody since 19.02.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Nawada, in connection with G.O. Case No. 72 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √