Pramodh Singh @ Pramod Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38018 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== PRAMODH SINGH @ PRAMOD SINGH SON OF LATE SATYANARAYAN SINGH RESIDENT OF VILLAGE - GALAURA SAKIRA TOLA, POLICE STATION - GOPALPUR, DISTRICT - GOPALGANJ.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code, Section 25 (1-b)a/26 (I)/35 of the Arms Act, Section 20/22 of the NDPS Act and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
16 liters of foreign liquor, one loaded pistol with
Patna High Court CR. MISC. No.38018 of 2020(2) dt.05-02-2021 2/3 five live cartridges and 800 grams of ganja is said to have been recovered from the possession of the petitioner as well as one motorcycle was also seized.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. Petitioner has no criminal antecedent and has been languishing in custody since 14.03.2020.
Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five 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, after verification of his criminal antecedent, and on furnishing bail
Patna High Court CR. MISC. No.38018 of 2020(2) dt.05-02-2021 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise, Gopalganj in connection with Kuchaikote P.S. Case No. 97 of 2020, The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Trivedi/- U T