Patna High CourtCR. MISC./2251/2020bail granted

Pramod Thakur v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 2251 of 2020 Arising Out of PS. Case No.-404 Year-2019 Thana- BAKHTIARPUR District- Saharsa ====================================================== PRAMOD THAKUR Son of Late Biranchi Thakur Resident of Village - Shaini Tola, ward No. 4, P.S.- Bakhtiyarpur, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Special (Excise) Case No 535 of 2019 arising out of Bakhtiarpur Police Station (for brevity, PS) Case No 404 of 2019 instituted for the offence punishable under Section (s) 37 (c) of Bihar Excise and Prohibition Act, 2016.

Having been apprehended in a drunken state, the petitioner has been in custody since 03.11.2019. Learned counsel for the petitioner submits that the implication is based on extraneous considerations. It is also submitted that no offence, as alleged, has been committed by the petitioner. Considering the aforesaid submissions and the fact that

Patna High Court CR. MISC. No.2251 of 2020(2) dt.16-01-2020 2/2 the petitioner is already on bail in the earlier case arising out of Special Case (Excise) No 202 of 2017, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge -cum- Special Judge, Excise Act, Saharsa in connection with Special Case No 535 of 2019 arising out of Bakhtiarpur PS Case No 404 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T