Vijay Prasad @ Manjhala @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27783 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== Vijay Prasad @ Manjhala @ Vijay Yadav, Male, aged about 55 years, son of Late Ram Baran Prasad, Resident of Village - Mahua Bagh, Police StationEkangersarai, District-Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nand Kishore Prasad II For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Ekangarsarai P.S. Case No. 44 of 2019 (G.R. No. 1235 of 2019), registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

4.8 liters of country made liquor has been recovered from the roof of the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

Looking to the quantum of recovered liquor, let the above-named petitioner be released on anticipatory bail in the

Patna High Court CR. MISC. No.27783 of 2019(2) dt.29-04-2019 2/2 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, III-cum- Special Judge, Excise, Nalanda, in connection with Ekangarsarai P.S. Case no. 44 of 2019 (G.R. No. 1235 of 2019), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 26.04.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U