Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56874 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Pramod Singh, Son of Tej Narayan Singh, resident of VillageHandibasha, Police Station- Kochadhaman in the district of Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Special Case No. 310 of 2017 arising out of Kochadhaman P.S.Case No. 115 of 2017 registered for offences punishable under Sections 30 (a) of Bihar Prohibition Excise Act, 2016. From perusal of written report it appears that the recovery of liquor has been made from the "Jalawan Room" of the petitioner. The seizure list was prepared accordingly. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The liquor is said to have been recovered from abandoned house where the petitioner is not residing. It is mentioned in para-3 of the petition that petitioner is having clean antecedent.

Learned Additional Public Prosecutor opposes the

Patna High Court Cr.Misc. No.56874 of 2017 (2) dt.01-12-2017 2/2 prayer of bail.

Accordingly, prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with SpecialCase No. 310 of 2017 ( arising out of Kochadhaman P.S. Case No. 115 of 2017) to the satisfaction of learned Additional District and Sessions Judge-II-CUM- Special Judge- II, Kishanganj, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

with other conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the Court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) Sudha/- U T