Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48769 of 2018 Arising Out of PS.Case No. -400 Year- 2018 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Pramod Kumar, Son of Late Devi Rai, Resident of Village- Sarifaganj, P.S.- Malsalami, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420 and 120-B of the Indian Penal Code and Section 30 (a) and 38 (1) of the Bihar Prohibition and Excise Act, 2016.

4781.88 liters of foreign liquor is said to have been recovered from the Breeza car and the truck parked at the Loha Singh Line Hotel and several accused persons were apprehended. Petitioner along with another accused Sonu Kumar Gupta had arrived at the said hotel in search of drivers of the vehicles. It is submitted by learned counsel for the petitioner that no

Patna High Court Cr.Misc. No.48769 of 2018 (02) dt.09-08-2018 - 2 - incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the vehicles in question. He has been falsely implicated in this case by the police merely on suspicion while he had gone to Line Hotel along with his friend Sonu Kumar Gupta for dining there. There is violation of Section 100 Cr.P.C. The said Sonu Kumar Gupta has been enlarged on bail by this Court in Cr. Misc. No.48459 of 2018 vide order dated 08.08.2018. He has no criminal antecedent and has been languishing in custody since 24.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2ndAdditional Sessions Judge-cum-Special Judge Excise, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.400 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T