Patna High CourtCR. MISC./69609/2024bail granted

Pramod Mahto @ Pramod Kumar v. The State Of Bihar

2024-09-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69609 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pramod Mahto @ Pramod Kumar Son of Kedar Mahto R/O Quarter No.- 833, Street A Road, Sector 9 A, P.S.- Harala Distt.- Bokaro, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a)/32(2),(3)/36 and 41(1),(2) of the Bihar Prohibition and Excise Act in connection with Begusarai Town P.S. Case No.254 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 500.25 liters of liquor from a car.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.69609 of 2024(2) dt.24-09-2024 2/3 from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Pramod and Sandeep in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai in connection with Begusarai Town P.S. Case No.254 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.69609 of 2024(2) dt.24-09-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T