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Patna High CourtCR. MISC./34382/2023bail granted

Pramod Sadai v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34382 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Pramod Sadai, Son of Gonai Saday @ Gunai Sadai, Resident Of VillageGhiwahi, Mushari Tola, Ps- Rajnagar, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with G.R. No. 2484/2022 arising out of Rajnagar P.S. Case No. 383 of 2022 dated 14.12.2022 registered for the offences punishable u/s 272 and 273 read with Section 34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 3770.94 liters of foreign liquor is said to have been recovered from the truck. The petitioner and the co-accused persons fled away from the place of occurrence.

Patna High Court CR. MISC. No.34382 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the apprehended co-accused persons. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with G.R. No. 2484/2022 arising out of Rajnagar P.S. Case No. 383 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T