Pramod Rai @ Pramod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27250 of 2022 Arising Out of PS. Case No.-399 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== PRAMOD RAI @ PRAMOD KUMAR RAI Son of Thakuri Rai Resident of Village - Rampur Mango, P.S. - Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Renuka Ratnakar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether, 1994.00 litres foreign liquor has been recovered from the front of Gas Godown of Sohan Patel. Petitioner was succeeded in fleeing from the spot. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner rather 1994.00 liters of illicit liquor is said to have been recovered from Pickup Van. Petitioner has no concern either with the seized liquor or the

Patna High Court CR. MISC. No.27250 of 2022(5) dt.17-02-2023 2/3 place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Neither he was the owner nor the driver of the said vehicle. He had not consumed liquor. There is nothing on record to indicate the complicity of the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Petitioner is agreed to deposit a sum of Rs.1,50,000.00 (Rupees One Lakh and Fifty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Paroo P.S. Case No. 399 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the

Patna High Court CR. MISC. No.27250 of 2022(5) dt.17-02-2023 3/3 further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in PM Cares fund.

(Anjani Kumar Sharan, J) divyanshi/- U T