Patna High CourtCR. MISC./52866/2024bail granted

Pramod Kumar v. The State Of Bihar

2024-07-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52866 of 2024 Arising Out of PS. Case No.-555 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Pramod Kumar S/o Late Naresh Yadav R/o vill - Kulahiya, P.S. - Hariharganj, Distt. - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with G.R. No. 1031 of 2024 arising out of Excise P.S. Case No. 555 of 2024 dated 07.06.2024 registered for the offence/s punishable u/ss 30(a), 32(3) of the Bihar Prohibition and Excise Act 2018 and sections 41(1), 41(2) of the Bihar Prohibition and Excise Amendment Act 2016.

3. As per the prosecution case, total 449.280 litres of illicit country made liquor was recovered from the Scorpio and the petitioner was found sitting in the said vehicle.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.52866 of 2024(2) dt.23-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said vehicle. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.06.2024.

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

6. 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, Aurangabad in connection with G.R. No. 1031 of 2024 arising out of Excise P.S. Case No. 555 of 2024.

7. The application stands allowed.

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