Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42091 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Subodh Kumar, son of Rambhu Narayan Prasad, resident of villageTenua, P.O.- Katharia, P.S.- Kalyanpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Mehshi P.S. Case No.137 of 2017 instituted for the offence under Section(s) Section 38 of the Bihar Prohibition & Excise Act, 2016. Counsel for the petitioner has submitted that the petitioner has clean antecedents.

There is allegation that eight persons were found sitting in Bolero Car from which foreign liquor was recovered. Petitioner is said to be owner of the vehicle. Seizure list is enclosed with the First Information Report from which it appears that foreign liquor has not been recovered from the conscious possession of this petitioner. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.42091 of 2017 (5) dt.14-11-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mehshi P.S. Case No.137 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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.

(Sanjay Priya, J) JA/- U T