Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47605 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -SURSAND District- SITAMARHI ====================================================== Prabhat Kumar son of Bachcha Prasad @ Chandra Kishore Prasad resident of Sursand West, Ward No. 7, P.S. Sursand, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-12-2016 Heard Mr. P.K. Singh for the petitioner and Mr. S.K. Pandey, APP for the State.

The petitioner prays for bail in Sursand P.S. Case No. 149 of 2016 registered under sections 272 and 273 IPC including section 47 of the Bihar Excise (Amendment) Act, 2016. The Police Officer lodged the case that, on a secret information, a search was conduced of the house of the petitioner and 11.4 litres Nepali wine was recovered.

The contention of the petitioner is that it was a house jointly possessed/occupied by several persons. The petitioner is in judicial custody since 14.08.2016 having no criminal antecedents. The charge-sheet has already been submitted in the case. The petitioner undertakes not to repeat the offence of similar nature if

Patna High Court Cr.Misc. No.47605 of 2016 (3) dt.06-12-2016 2/2 granted the privilege of bail.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in Sursand P.S. Case No. 149 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T