Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44498 of 2022 Arising Out of PS. Case No.-564 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Pramod Singh Son Of Chandeshwar Singh R/O Village- Khilwat, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh,Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Upon search, total 10 liters of country made liquor and 15 Kg Nausadar was recovered from the place of seizure, 2000 liters of semi prepared country made liquor was found there which was destroyed there.

Learned counsel for the petitioner submits that petitioner has clean antecedent. He has falsely been implicated

Patna High Court CR. MISC. No.44498 of 2022(2) dt.16-11-2022 2/3 in the present case on the basis of the disclosure made by the local Chaukidar. Further submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the bank of Ganga River. Further submits that the petitioner has no concern at all with the illicit liquor and co-accused namely Vikash Kumar has been granted bail vide order dated 09.11.2022 passed in Cr.Misc. No.28306 of 2022 by this Court and the case of the petitioner is on similar footing.

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

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bidupur P.S. Case No. 564 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.44498 of 2022(2) dt.16-11-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T