Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8806 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- BARHARIA District- Siwan ====================================================== SURENDRA PRASAD Son of Ramanand Prasad Resident of VillageKatalpur, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Barhariya P. S. Case No. 365/18 instituted for the offence under Section(s) 272, 273, 308/34 of the Indian Penal Code and 30(a), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for petitioner submits that petitioner is not apprehended on the spot.

It is alleged that three persons have been apprehended on the spot by the police. The police recovered 203.100 litres of foreign liquor from their possession. The name of petitioner has been disclosed by the persons who have been apprehended by the police.

The petitioner is in custody since 31.12.2018.

Patna High Court Cr.Misc. No.8806 of 2019(2) dt.14-02-2019 2/2 Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge-cum Spl. Jude, Siwan, in connection with Barhariya P. S. Case No. 365/18 subject to the condition that both the bailors shall be the close relative of the petitioner.

It is mentioned in Para 3 of bail petition that petitioner is accused in another case under the Excise Act. The petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/- U T