Patna High CourtCR. MISC./26854/2018bail granted

Pramod Kumar v. The State Of Bihar

2018-06-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26854 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Pramod Kumar, son of Mahesh Poddar, resident of Village- Gopalpur, P.S. Cheriabariarpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

696 litres of foreign liquor is said to have been recovered from the stolen pickup van displaying registration number of the vehicle of the petitioner, which was earlier financed by the bank to the petitioner, but later on met an accident and seized by the bank due to non-payment of the installment. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.26854 of 2018 (4) dt.27-06-2018 2/2 conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has never provided registration number of his vehicle to anyone. He was not apprehended on the spot. Confessional statement of the petitioner recorded by the police has no evidentiary value in the eye of law. Petitioner has no criminal antecedent. He has been languishing in custody since 11.04.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Court, Excise, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 52 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T