Patna High CourtCR. MISC./50166/2024bail granted

Pramod Yadav @ Pramod Kumar v. The Stae Of Bihar

2024-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50166 of 2024 Arising Out of PS. Case No.-602 Year-2020 Thana- NAWADA District- Nawada ====================================================== PRAMOD YADAV @ PRAMOD KUMAR S/O RAMDEV YADAV Resident of Village- Gondapur, P.S.- Nawada, District- Nawada. ... ... Petitioner/s

Versus

THE STAE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manmohan Kumar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The supplement affidavit, on behalf of the petitioner, has been filed during the course of the day which is kept on record.

3. The petitioner has preferred this application for grant of regular bail in connection with Nawada (Nagar) P.S. Case No. 602 of 2020 dated 10.07.2020 registered for the offences punishable under sections 30(a), 30(d), 30(f), 33, 41 and 52 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 5000 litres of spirit was recovered from the truck.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.50166 of 2024(2) dt.25-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Arvind Yadav. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner has no concern with the alleged recovery. The petitioner is not the owner of the seized vehicle. The similarly situated co-accused person has been granted bail vide order dated 24.08.2023 in Cr. Misc. No. 52939 of 2023. The petitioner has antecedent of 19 criminal cases out of which he is on bail in 10 cases as stated in para 2 of the supplementary affidavit filed on behalf of the petitioner. The petitioner is in custody since 07.01.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Nawada in connection with Nawada(Nagar) P.S. Case No. 602 of 2020, with a condition:-

Patna High Court CR. MISC. No.50166 of 2024(2) dt.25-07-2024 3/3 (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

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