Biresh Rawat @ Biresh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12563 of 2018 Arising Out of PS. Case No.-284 Year-2017 Thana- BARAULI District- Gopalganj ====================================================== Biresh Rawat @ Biresh Prasad, Son of Bechu Prasad, Resident of VillageSurwal, Police Station- Barauli, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh For the Opposite Party/s :
Mr. SRI BINOD KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Barauli P.S. Case No. 284 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 9 litres of illicit liquor from the motorcycle of the petitioner. The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that the petitioner is having a clean antecedent.
Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the
Patna High Court Cr.Misc. No.12563 of 2018 (2) dt.28-02-2018 2/2 Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order 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-II-cum-Special Judge, Gopalganj in connection with Barauli P.S. Case No. 284 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T