Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58225 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana - GORIAKOTHI District- SIWAN ===================================== Santosh Prasad, son of Bhairaw Prasad, resident of Village Dudhara, PS Goreakothi, District Siwan .... .... Petitioner The State of Bihar .... .... Opposite Party ===================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate For the Opposite Party : Mr. Nand Kishore Pd., APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Goreya Kothi PS Case No.145 of 2015 disclosing offences under Sections 272, 273 and 420 of the Indian Penal Code and Section 47(A) of the Excise Act. Allegedly, 15 litres of country-made liquor in a gallon of 30 litres, were recovered from the petitioner's house. It is submitted on behalf of the petitioner that he was not present at the time of search and seizure made by the police. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent. Considering the submission as above, this application is allowed. It is directed that in the event of his

Patna High Court Cr.Misc. No.58225 of 2015 (2) dt.01-02-2016 2/2 arrest, the petitioner above-named, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Goreya Kothi PS Case No. 145 of 2015, subject to the conditions as laid down under Section 438(2) CrPC. This is subject to the further condition that the petitioner shall present himself before the police/Court below, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T