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Patna High CourtCR. MISC./38381/2020bail granted

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

2021-07-08Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38381 of 2020 Arising Out of PS. Case No.-144 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== Pramod Singh @ Pramod Kumar Singh, Son of Late Ramchandra Singh, Resident of Village- Pipra, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate.

For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 144 of 2019, registered under Sections 30(a), 38(i) and 41(i) of the Bihar Excise Act, 2016. The accusation is that on receiving secret information about parking of DCM truck loaded with illicit liquor at Mairwa-Darauli Road, the informant along with other police personnel reached there. On seeing the police party, two

Patna High Court CR. MISC. No.38381 of 2020(2) dt.08-07-2021 2/3 persons standing near the DCM truck, started to flee away, but on chase, they were apprehended, who disclosed their names as Dindayal Kumar and Aftab Hussain. On search of the DCM truck bearing registration no. DL11R- 4949, several bottles in the volume of 4120.200 litre of Indian made foreign liquor were recovered. The motorcycle bearing registration no. BR29V 3507 was also seized. On query, both apprehended persons disclosed that the loaded several bottles of illicit Indian made foreign liquor are to be unloaded at the village of Krishna Singh and Raj Kumar Singh, both sons of Ashok Singh. Thereafter, Aftab Hussain further disclose that Sonu Singh, Promod Singh(petitioner), Ashok Singh and Chunnu Singh used to do the business of illicit liquor with Krishna Singh. Learned counsel for the petitioner submits that petitioner is accused in five other cases, but in all five cases, he is on bail, due to that reason, police managed to implicate the petitioner in the present case.

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. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.38381 of 2020(2) dt.08-07-2021 3/3 amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cum-Special Judge Excise, Siwan, in connection with Mairwa P.S. Case No. 144 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T