Ram Pravesh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17368 of 2019 Arising Out of PS. Case No.-174 Year-2017 Thana- GUTHANI District- Siwan ====================================================== Ram Pravesh Gond, aged about 55 years, Male, Son of Jhagaru Gond Resident of Village - Gyaspur, Ward No. 10, P.S.- Gudhani, Distt - Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Guthani P.S. Case No. 174 of 2017 registered for offences under sections 272, 273/34 of the Indian Penal Code and Section 30(a), 38(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

In the present case, as per allegation, the police, on receipt of secret information, recovered 13.200 Liters of Mahua liquor from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent.

Looking to the quantity of liquor recovered as also the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.17368 of 2019(2) dt.26-03-2019 2/2 court below within a period of four weeks from today, 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 Additional District Judge-II - cum - Special Judge, Excist Act, Siwan in connection with Guthani P.S. Case No. 174 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 16.3.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T