Anirudh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25535 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Anirudh Prasad, S/o Laxman Prasad @ Lakshman Sah, Resident of VillagePiprakhas, P.S.-Mirganj, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kateya P.S. Case No.184 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Total 242.100 litres illegal wine is said to have been

Patna High Court CR. MISC. No.25535 of 2020(2) dt.28-09-2020 2/3 recovered from Hyundai Santro car. It is alleged that the petitioner was caught while fleeing away from the vehicle. Petitioner's counsel submits that even as per the allegation, the petitioner was apprehended at a distance from the car. He was arrested merely on suspicion. Recovery is in violation of Section 100 Cr.P.C. He bears no criminal antecedents and is in custody since 17.06.2020. There is no FSL report to even suggest that the recovered substance is illicit liquor.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 learned Additional District & Sessions Judge-IIcum-Special Judge, Excise, Gopalganj, in connection with Kateya P.S. Case No.184 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.25535 of 2020(2) dt.28-09-2020 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T