IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)

CRIMINAL MISCELLANEOUS No.27961 of 2020

Arising Out of PS. Case No.-43 Year-2020 Thana- NOKHA District- Rohtas

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PRAMOD KUMAR SINGH S/o Late Brahma Singh Resident of Village-

Barej, P.S.-Mohaniya, District-Kaimur (Bhabhua).

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr. Y.V. Giri, Sr. Advocate

Mr.Shambhu Nath,Advocate

For the Opposite Party/s :

Mr.Lalan Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

4

15-12-2020

Heard learned Senior Counsel for the petitioner and Mr.

Lalan Kumar, learned APP for the State.

The petitioner in the present case is seeking regular bail in

connection with Nokha P.S. Case No. 43 of 2020 registered for the

offences punishable under Sections 30(a) and 52 of Bihar Prohibition

and Excise (Amendment) Act, 2018 and 120(B) of the Indian Penal

Code.

Learned Senior Counsel for the petitioner submits that the

petitioner has been brought within the purview of investigation and

later on has been chargesheeted in connection with Nokha P.S. Case

No. 43 of 2020 registered on 19.03.2020 under Sections 30(a) and 52

of Bihar Prohibition and Excise (Amendment) Act, 2018 read with

Section 120(B) of the Indian Penal Code. Learned Senior Counsel

submits that from the seizure list attached to the FIR (Annexure ‘1’)

it would appear that police had seized 86 and 129 liters of illicit

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liquor from the two vehicles mentioned in the seizure list. Some

persons were named in the FIR. In course of investigation of the said

case, it is alleged that a mobile phone has been recovered from the

possession of this petitioner who was posted as Sub-Inspector of

Police in Nokha Police Station and it has been found that this

petitioner was in touch with the named accused Sonu @ Vikas Yadav

and the allegation against the petitioner is that he was helping the

traders dealing in illicit liquor in safe unloading of the liquors.

Learned Senior Counsel submits that from the enclosures

such as Annexure ‘2’ which are the copies of FIR it would appear

that this petitioner being a police officer had seized illicit liquors and

had himself lodged some of the police cases because of which the

persons involved in the illicit liquor business had become inimical to

this petitioner and they somehow wanted to falsely implicate him.

Learned Senior Counsel submits that this petitioner has

himself seized huge quantity of illicit liquors during his posting at

Nokha Police Station but now he is being implicated in this case on

the basis of some mobile calls showing recovery of mobile of one

person from the house of this petitioner. According to learned Senior

Counsel it is nothing but fabrication of a case by showing recovery of

mobile.

Learned Senior Counsel submits that for the same

allegations a departmental proceeding was initiated against this

petitioner and he has already been dismissed from service. In

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connection with this case he has remained in jail for almost 9 months

and the trial is not likely to be concluded in near future particularly

considering the present pandemic situation in which the courts are

not regularly sitting physically and there are many impediments in

the way of trial. It is submitted that in any case the petitioner is ready

and willing to abide by such terms and conditions which may be

imposed upon him for purpose of securing his appearance in course

of trial.

Learned APP for the State has opposed the prayer for

regular bail of the petitioner. It is submitted that there are allegations

against the petitioner that he was in