Shiv Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42704 of 2017 Arising Out of PS. Case No.-23 Year-2017 Thana- TISIAUTA District- Vaishali ====================================================== Shiv Kumar Bhagat , Son of Parojan Bhagat, resident of Village- Sujawalpur, P.S.- Sakara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar @ Sanidh For the Opposite Party/s :

Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Neeraj Kumar @ Sanidh, learned counsel for the petitioner and Sri Ram Anurag Singh, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in Tisiauta P.S. Case No. 23 of 2017 registered for the offence under section 414 of the Indian Penal Code , 1860 and Section 30( A), 32(ii), 38(ii), 41(i) of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it is true that petitioner is owner of a motel and from outside motel two truck containers were intercepted and on search from those trucks huge quantity of Indian make foreign liquor was recovered. He submits that since petitioner was the owner

Patna High Court Cr.Misc. No.42704 of 2017(2) dt.21-09-2017 2/2 of the motel and from outside motel recovery of such huge quantity of Indian make foreign liquor was made, the petitioner has been made accused . Learned counsel for the petitioner has drawn my attention to the statement made in paragraph -3 of the petition to show that petitioner is having clean antecedent. In view of facts and circumstances as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Shiv Kumar Bhagat be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd , Vaishali at Hajipur / concerned court in connection with Tisiauta P.S. Case No. 23 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 . (Rakesh Kumar, J) praful/- U T