Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70238 of 2023 Arising Out of PS. Case No.-1340 Year-2023 Thana- Excise P.S. District- Patna ====================================================== PRAMOD KUMAR Son of Jugal Rai R/o vill - Bairiya Ilahibag, P.S. - Gopalpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), (b), (c ), (d), (f), 32, 36, 56(b) and 62 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 29 litres of Imls apart from packing and sealing machine, drums and rapper from the house of building of the petitioner and he was arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has given the building to one Munna Kumar on rent, who is also as accused in this case. . He has got no criminal antecedent. He has no concern with the alleged recovery.

Patna High Court CR. MISC. No.70238 of 2023(2) dt.06-11-2023 2/2 Because of his ownership of the building, he has been implicated in this case. He is languishing in judicial custody since 23.08.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge Excise Court No. 3, Patna in connection with Spl. Case No. 6434 of 2023 arising out of Patna Excise PS Case No. 1340 of 2023.

(Sunil Kumar Panwar, J) sushma/- U