Pramod Rai @ Pramod Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42106 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Pramod Rai @ Pramod Prasad Son of late Sakaldeo Rai Resident of Village- Mohdimpur , P.S Bidupur, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dilip Kumar Pathak Sub Inspector Excise , Mahua Circle Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of. Case No.C-2A-195/2016, disclosing offences under Sections 47(a) and 54 of the Bihar Excise (Amendment) Act, 2016. It is alleged that from the petitioner's house, the Excise officials recovered two cartoons of beer and two cartoons of Indian made foreign liquor.

Learned counsel appearing on behalf of the petitioner has submitted the considering the nature of allegation, there is no likelihood that the petitioner can flee from the course of justice. According to him, the place from where the recovery has been

made is a joint family property owned and possessed by all the family members.

Considering the above submission, this application is allowed. Let the petitioners above-named, in the event of their arrest/surrender within four weeks from today in the Court below 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, Vaishali at Hajipur in Case No. C-2 A-195/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U