Pramod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76495 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Pramod Sahani Son of Lal Bihari Sahani Resident of Village - Ujjain Lohiyar Singhaha, P.S. - Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Alka Singh, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Turkauliya P.S. Case No.178 of 2024 under Sections 272, 273/34 of the Indian Penal Code read with section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution, total recovery of 93 liter of country-made wine has alleged to be made from a motorcycle, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. and his name has

Patna High Court CR. MISC. No.76495 of 2024(2) dt.06-12-2024 2/2 come by virtue of confessional statement of apprehended persons. He further submits that neither any recovery has been made from his possession nor motorcycle belongs to him.

5. Learned Counsel also submits that antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail and submits that though antecedent of the petitioner is clean, but the apprehended accused persons have disclosed the name of the petitioner.

7. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court No.1, East Champaran, Motihari in connection with Turkauliya P. S. Case No.178 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T