Pramod Sah @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39452 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== PRAMOD SAH @ PRAMOD KUMAR SON OF LATE BACHCHE LAL SAH, JAGARNATH SAH RESIDENT OF VILLAGE- JURAN CHHAPRA ROAD NO.4, P.S.- BRAHMPURA, DISTRICT- MUZAFFARPUR ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of 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 Brahmpura P.S. Case no. 70 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accusation is that on receiving secret information about selling of liquor keeping the same in the tea shop situated at Juran Chhapara Road No.4, Muzaffarpur, the informant along with other Police personnel reached there. On search, 06 pouches, each containing 180 ML, Indian Made

Patna High Court CR. MISC. No.39452 of 2020(2) dt.15-07-2021 2/2 Foreign Liquor and 09 empty tetra pack and one empty bottle of 750 ML recovered. The tea shop owner Kiran Devi disclosed that Pramod Sah (Petitioner) had kept the seized liquor in her tea shop.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of petitioner has been surfaced in the confessional statement of co-accused Kiran Devi from whose tea shop the alleged pouches of Indian Made Foreign Liquor are said to be recovered. The petitioner has no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Brahmpura P.S. Case No. 70 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T