Baidyanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46586 of 2017 Arising Out of PS. Case No.-539 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Baidyanath Prasad, Son of Late Ram Charitar Sah, resident of village Gandhi Nagar Ramna, P.s. Motihari Town, District East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-09-2017 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 430 (a), 38(1) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 89 litres 280 Ml. of foreign liquor were recovered from Kabadi shop of Manoj Marwari and petitioner was apprehended when he was fleeing away on seeing the police party. Petitioner claims that he is in custody since 8.8.2017.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand)

Patna High Court Cr.Misc. No.46586 of 2017(2) dt.21-09-2017 2/2 with two sureties of the like amount each to the satisfaction of Special Judge, Excise, East Champaran at Motihari, in connection with Motihari Town P.S. Case No. 539 of 2017. If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, East Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

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