Patna High CourtCR. MISC./14542/2017bail granted

Indradev Prasad v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14542 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================

1. Indradev Prasad, S/o Late Ram Lakhan Lal, Resident of Badi Chariyari, P.S.- Tharthari, District- Nalanda. A/P M.I.G. Sector-3, Block-3, Q.No.31 Bahadurpur Housing Coloney, Bhhot Nath Road, P.S.- Agamkuan, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 The petitioner is in custody since 04.02.2017 in connection with Agamkuan P.S. Case No. 41 of 2017, registered for offences punishable under Sections 30(a) of Bihar Excise Prohibition Act, 2016.

Allegation against the petitioner is of recovery of 9 litres of Royal Stag, whisky.

It has been submitted on behalf of the petitioner that though there is allegation against the petitioner that 9 litres of Royal Stag, whisky has been recovered, however, he has sufficiently been punished for the said offence as he has been in judicial custody since 04.02.2017 and petitioner is an old man aged about 65 years and also has no criminal antecedent.

Patna High Court Cr.Misc. No.14542 of 2017 (2) dt.30-03-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence, period of custody and also that the petitioner has no criminal antecedent and he is an old person, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - Patna City, in connection with Agamkuan P.S. Case No. 41 of 2017.

It is also made clear that if the petitioner again found involved in any of such offence, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T