Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54391 of 2021 Arising Out of PS. Case No.-81 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== PRAMOD RAI SON OF JAIBAHADUR RAI R/O VILLAGE- PAKAHA, P.S.- BAIKUNTHPUR, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition & Excise Act, 2018.

It is a case of 600 litres of seized country-made liquor from the wheat field relating to this petitioner. It is submitted on behalf of the petitioner that he has falsely implicated in this case, he is not apprehended on the spot and from perusal of the para 2, a supplementary affidavit filed by

Patna High Court CR. MISC. No.54391 of 2021(3) dt.27-04-2022 2/2 the petitioner that petitioner has no land in village Pakaha (place of occurrence). There is no question of recovery of liquor from the petitioner's land. The Halka Karamchari of Baikunthpur Anchal has given certificate in this regard which the certificate is annexed -3 of the supplementary affidavit.

In 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 four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge-II cum Special Judge (Excise Act), Gopalganj in connection with Baikunthpur P.S. Case No. 81/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Ranjeet/- U T