Pramod Paswan v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 272, 273
- Bihar Prohibition and Excise Act, 2016 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr.Alok Kumar Alok Mr.Rabindra Kumar ORAL ORDER 3 30-05-2024
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Minapur Police Station Case No. 91 of 2024, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner is indulged in the sale of illicit liquor, raided the place of occurrence and recovered 12 litres of illicit Kingfisher Beer kept in a ditch beside the boundary wall of the petitioner. Patna High Court CR. MISC. No.34897 of 2024(3) dt.30-05-2024
Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case inasmuch as the allegation has been levelled against the petitioner on the basis of mere secret information received by the police. He further submits that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from the conscious possession and/or inside the premises of the petitioner; rather, the illicit liquor has been recovered from outside the house of the petitioner, which is an open space and is accessible to all and sundry.
Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and no illicit liquor has been recovered from the conscious possession and/or inside the premises of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.34897 of 2024(3) dt.30-05-2024 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Muzaffarpur, in connection with Meenapur Police Station Case No. 91 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) siwani/- U √ T √
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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