Biru Prasad @ Bir Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7878 of 2019 Arising Out of PS. Case No.-354 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== BIRU PRASAD @ BIR PRASAD (Male) Son of Satendra Prasad Chandrabansi Resident of Village and Post - Salempur, P.S.- Ara Mufassil, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bhojpur Excise Case No. 1979 of 2018, arising out of Ara Muffasil ( Dhbaha O.P.), Police Station case No. 354 of 2018 registered for the offence punishable under Sections 341, 323, 504, 353, 337, 333, 307/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits in the instant case 40 liters of country made wine was recovered from the Dalan of the petitioner. Learned counsel for the petitioner further submits that petitioner is running a grocery shop and he has no concern with the trade of liquor. Learned counsel further

Patna High Court Cr.Misc. No.7878 of 2019(2) dt.11-02-2019 2/2 submits that petitioner has surrender in Court below n 27.11.2018 and since then he is in custody.

Considering the fact that in the past there was one case of similar nature of Excise and Prohibition case was filed against this petitioner, while granting bail the Court is constrained to impose stringent condition at the time of release of the petitioner. Let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 4th Additional District and Sessions Judge-Cum-Special Judge, Excise, Ara, Bhojpur in connection with Bhojpur Excise Case No. 1979 of 2018 arising out of Muffasil ( Dhbaha O.P.) Police Station case No. 354 of 2018 with condition that one of the bailors should be elected representative of the local body.

(Anil Kumar Upadhyay, J) T.Kr./- U T