Patna High CourtCR. MISC./24237/2017bail granted

Ajay Prasad v. The State Of Bihar

2017-05-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24237 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Ajay Prasad, son of Late Udho Prasad, resident of Village- Sadwara, P.S.- Isuapur, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sachida Nand Rai, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mashrakh P.S. Case No. 102 of 2017 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 38 and 41 of the Excise Act.

As per written report, total 200 liters of illicit sprit has been recovered from a pick up van bearing Registration No. BR04GA-1946. It is alleged that one Scorpio vehicle was also passing nearby which was driven by this petitioner. The pick up van was driven by Kuber Tiwari and on enquiry he stated that the said sprit loaded on the van, belongs to Lalan Rai. In this manner, from the written report and seizure list, it appears that there is no recovery of any incriminating article

Patna High Court Cr.Misc. No.24237 of 2017 (2) dt.24-05-2017 2/2 from possession of this petitioner.

It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Special Judge, Excise, Saran at Chapra in connection with Masrakh P.S. Case No. 102 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T