Prem Giri @ Prem Kumar Parvat @ Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16989 of 2019 Arising Out of PS. Case No.-522 Year-2018 Thana- Siwan Muffasil District- Siwan ====================================================== Prem Giri @ Prem Kumar Parvat @ Prem Kumar, Son of Rajendar Giri Resident of Village - Chhap Mathiya, P.S.- Hathua, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Siwan Muffasil P. S. Case No. 522 of 2018 dated 11.09.2018 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act,
Patna High Court CR. MISC. No.16989 of 2019(2) dt.26-03-2019 2/3 2016 .
691 litres of liquor is said to have been recovered from a bamboo orchard.
According to the F.I.R., the police received a confidential information that a consignment of liquor was brought by one co-accused / Sunil Singh and the petitioner was helping aforesaid Sunil Singh in unloading the aforesaid consignment of liquor.
Learned counsel for the petitioner has submitted that there is no recovery from the possession/constructive possession of the petitioner and he has clean antecedents. Considering the aforesaid two aspects, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IInd cum Special Judge, Excise, Siwan in connection with Siwan
Patna High Court CR. MISC. No.16989 of 2019(2) dt.26-03-2019 3/3 Muffasil P. S. Case No. 522 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U