Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78431 of 2018 Arising Out of PS. Case No.-335 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Ashok Prasad, son of Sri late Satyadeo Mahto, resident of village Chorsua, P.S. Giriak, District, Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Giriak P.S. Case No.335 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 26.25 litres of Indian made foreign liquor from a mobile tower of which the petitioner is a Guard.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and the illicit liquor does not belong to him. Petitioner is in custody since 02.12.2018.

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/- with two sureties of the like

Patna High Court Cr.Misc. No.78431 of 2018(2) dt.17-01-2019 2/2 amount each to the satisfaction of learned VI Additional Sessions Judge, Nalanda at Biharsharif in connection with Giriak P.S. Case No.335 of 2018, with following conditions:- (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 properly 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) Sanjay/- U T