Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9219 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== SURESH PRASAD Son of Late Krishna Prasad Resident of Village - Hamidpur, P.S. Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 234 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Excise Act. Allegation is recovery of 715.680 litres of foreign liquor from Anganbari Centre.

It has been submitted on behalf of the petitioner that petitioner is neither an employee nor concern with the Anganbari Centre. Petitioner was neither arrested at the spot nor any liquor has been recovered from his possession. Petitioner has no criminal antecedent and he is in custody since 13.01.2019.

Patna High Court CR. MISC. No.9219 of 2019(2) dt.06-03-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gopalganj, in connection with Excise Case No. 234 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T