Tarachand Bind @ Tarachand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20245 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Tarachand Bind @ Tarachand Prasad, Son of Late Badri Bind R/o Village - Sohara, P.S. - Krishnagarh, District - Bhojpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 30 (a) and 38 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 8.100 litres of foreign liquor was recovered from the possession of co-accused Ritesh Pandit, who has been apprehended while driving a motorbike. Wine bottles were recovered from the motorcycle. He had allegedly disclosed that the liquor was given by Vikash Chaudhary, and Rahul @ Lala Singh. He has further disclosed that Vikash Chaudhary, Rahul @ Lala Singh, Dev Ratan Yadav and boat owner Tarachand Bind, i.e., the petitioner, were unloading the wine from the boat of which the petitioner was

Patna High Court Cr.Misc. No.20245 of 2018(2) dt.19-04-2018 2/2 said to be the boat owner. Accordingly, about 185.4 liters of wine was recovered from the boat. Petitioner, who is boat owner, was apprehended from the spot. It is stated that Rahul @ Lala Singh Dev and Dev Ratan Yadav have already been granted anticipatory bail. Petitioner claims that he is having clean antecedent and is in custody since 08.02.2018. Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 4th Addl. Sessions Judge, Bhojpur, Ara in connection with Barhara Krishnagarh P.S. Case No.49/2018 corresponding to Excise Case No.248/2018.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

(Dr. Ravi Ranjan, J) Sanjay/- U T