The High Court of Patna granted anticipatory bail to Pramod Ray in a liquor smuggling case, directing surrender within six weeks and attachment of bail bonds with sureties under Section 438 Cr.P.C.
Release on anticipatory bail upon surrender within six weeks, furnishing bonds of Rs. 5,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26040 of 2023
Arising Out of PS. Case No.-7 Year-2023 Thana- MAHINDWARA District- Sitamarhi
======================================================
Pramod Ray Son Of Shankr Ray Village Kharhua Ps Mahindwara District Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 16-05-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code read with Sections 30(a), 32(ii)(iii), 36 and 41(i)(ii) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 3508 litres of liquor from a truck from which Praveen and Sandeep were arrested who disclosed the name of the petitioner and others.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.26040 of 2023(2) dt.16-05-2023 2/2
was recovered from his conscious possession, it is next submitted that petitioner is not the owner of the truck and he came to be implicated based on the confessional statement which has no evidentiary value.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahindwara P.S. Case No. 07 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving liquor smuggling offences.
1 provisions across 1 enactments
Pramod Ray
The State of Bihar
Satyavrata Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
