Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1006 of 2025 Arising Out of PS. Case No.-2370 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Pramod Kumar, aged about 35 years, Gender-Male, Son of Lalbabu Saw @ Late Lalbabu Saw, Resident of Village- Gud Ki Mandi, Bhag Bhuk Singh Lane, P. S.- Alamganj, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Jay Ram Prasad, learned counsel appearing on behalf of the petitioner and Mrs. Shaheen Begum, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise (Prohibition) P.S. Case No. 2370 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 33.810 litres of Indian Made Foreign Liquor from behind the house of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor nor he is involved in trade of liquor in any manner.
Patna High Court CR. MISC. No.1006 of 2025(2) dt.05-02-2025 2/3 The place of recovery is an open place which is accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.
6. Considering the fact that the recovery of 33.810 litres of Indian made foreign liquor from behind the house of the petitioner, which is an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-3rd, Patna, in connection with Excise (Prohibition) P.S. Case No. 2370 of 2024, subject to the condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.1006 of 2025(2) dt.05-02-2025 3/3 of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T