Badari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20764 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== Badari Prasad, S/o Prashan Mukhiya, R/o Vill. Tinkini, P.S. Darpa, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chhauradano (Mahuawa) P.S. Case No. 40 of 2019 registered for the offence punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 66 litres of Nepali liquor from possession of the petitioner which was kept in sack. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Nothing was recovered from his conscious possession. He was not even provided a copy of the seizure list. Petitioner has no criminal

Patna High Court CR. MISC. No.20764 of 2019(2) dt.04-04-2019 2/3 antecedent and he is in custody since 07.02.2019. Considering the aforesaid facts 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, Motihari, in connection with Chhauradano (Mahuawa) P.S. Case No. 40 of 2019, subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) khushbu/- U T

Patna High Court CR. MISC. No.20764 of 2019(2) dt.04-04-2019 3/3