Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26519 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- RIGA District- Sitamarhi ====================================================== OM PRAKASH S/o Late Julmi Rai Resident of Village- Sangram Fandah, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 This application, for grant of anticipatory bail, arises out of Riga P.S. Case No. 43 of 2019, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 10 litres of liquor from the under construction house of the brother in law of the petitioner.

Submission of learned counsel for the petitioner is that the F.I.R. itself shows that there is no recovery either from the possession of the petitioner or from his house and he has no criminal antecedent and has falsely been made accused in this case.

Heard learned A.P.P. also.

Having heard both sides, considering the submission,

Patna High Court CR. MISC. No.26519 of 2019(2) dt.23-04-2019 2/2 as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge Excise Act, Sitamarhi, in connection with Riga P.S. Case No. 43 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T