Patna High CourtCR. MISC./73839/2024bail granted

Parmod Kumar @ Pramod Kumar Singh v. The State Of Bihar

2024-10-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73839 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Parmod Kumar @ Pramod Kumar Singh, aged about 23 years, Gender-Male, Son of Jawahir Singh, R/O Vill.- Rup Poia, P.S.- Kateya, Dist.- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kateya P.S. Case No. 266 of 2024 dated 12.07.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 317(5) and 3(5) of B.N.S., 2023.

3. As per the prosecution case, total 18 litres of illicit country made liquor was recovered from the motorcycle in question.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that no incriminating article

Patna High Court CR. MISC. No.73839 of 2024(2) dt.23-10-2024 2/2 has been recovered either from the possession of the petitioner or from his house. His name has come in the present case on the basis of the confessional statement of the co-accused Vijay Yadav with whom the petitioner has inimical term. He has no concern with the alleged recovery of liquor or with the motorcycle in question. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XIII-cumSpecial Excise Court No. -I, Gopalganj, in connection with Kateya P.S. Case No. 266 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

U.K./- (Chandra Prakash Singh, J) U T