Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31176 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- PALASI District- Araria ====================================================== Pramod Yadav S/O- Mahavir Yadav R/O- Vill- Naranga ,WARD No -8 P.SPalasi ,DISTRICT - Araria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party :

Ms/Mrs. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

3. Prosecution case is that total 119.37 liters illicit liquor has been recovered from the fire house of the petitioner.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner as the alleged recovery is from the open place accessible to all. Petitioner claims clean antecedent.

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.31176 of 2024(4) dt.29-11-2024 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, Excise II, Araria in Palasi Police Station Case No. 366 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T