Pramod Kumar @ Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72238 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Pramod Kumar @ Pramod Yadav S/O Bal Kishun Yadav @ Kishun Prasad Yadav R/O Village/Mohalla- Chitarkoli, P.S.- Rajauli, District- Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shilpi Keshri For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 414 of IPC and Sections 30(a),(d) of the Bihar Prohibition & Excise Act.

It is a case of recovery of 1309 litres of Indian Made Foreign Liquor from a scorpio vehicle bearing Registration No. JH-01CE-1344.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is neither arrested on spot nor anything incriminating has been

Patna High Court CR. MISC. No.72238 of 2022(3) dt.07-02-2023 2/2 recovered from his possession. Petitioner has no concern with the seized vehicle or with the recovered liquor. There is no independent witness of the seizure. Moreover, petitioner is languishing in judicial custody since 22.09.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Rajauli P.S. Case No. 248 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 2, Nawada. (Sunil Kumar Panwar, J) nirajkrs/- U T