Pramod Yadav @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50579 of 2024 Arising Out of PS. Case No.-681 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pramod Yadav @ Pramod Kumar SON OF RAMDEV YADAV Resident of Village- Gondapur, P.S. Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar, Adv.

For the Opposite Party/s :

Ms. Gauri Shankar Gupta, 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. 681 of 2021 dated 01.07.2021 registered for the offences punishable under sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the husband of the informant died due to consumption of spurious liquor. It is further alleged that he had purchased the said liquor from some

Patna High Court CR. MISC. No.50579 of 2024(2) dt.25-07-2024 2/3 unknown person.

5. Learned counsel for the petitioner has submitted 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 25.05.2023 in Cr. Misc. No. 34307 of 2023. The petitioner has antecedent of 20 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 10.10.2022.

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

Patna High Court CR. MISC. No.50579 of 2024(2) dt.25-07-2024 3/3 concerned, Nawada in connection with Nawada(Nagar) P.S. Case No. 681 of 2021, with a condition:- (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