Shivparsan Prasad @ Shiv Parsan Prasad Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66969 of 2018 Arising Out of PS. Case No.-49 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== SHIVPARSAN PRASAD @ SHIV PARSAN PRASAD PRASAD S/o Late Mahavir Prasad R/o Village Karmawa Bharwaliya,P.S. Majhauliya,Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Majhauliya P.S. Case No. 49 of 2017 registered for the offences punishable under Sections 30(a) of the Bihar Prohibitions and Excise Act, 2016.
Informant who is a police officer has stated that on secret information he raided at the said place and on seeing police personnel petitioner along with other co-accused persons fled away thereafter on search he recovered total 400 liters of sprit from the river.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court Cr.Misc. No.66969 of 2018(2) dt.22-11-2018 2/2 falsely implicated in this case due highhandedness of police. Nothing has been recovered from his possession. He wan not arrested on the spot. He is not named in FIR. He is in custody since 11.07.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 49 of 2017.
(S. Kumar, J) Rajiv/ManojU T