Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18492 of 2014 Arising Out of PS.Case No. -84 Year- 2012 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Birendra Prasad Son of Dwarika Prasad Resident of Village - Pachetan, P.S. Asthawan, District - Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai For the Opposite Party : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2015 Petitioner is languishing in custody since 04.04.2014 in a case registered for the offences punishable under Sections 304/34 of the I.P.C.

It is alleged that husband of the informant and other family members consumed poisonous country made liquor from the shop of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner was not present in the shop nor any incriminatory articles were recovered to suggest that victim and others took the liquor from the shop of the petitioner. The petitioner was granted anticipatory bail till submission of the viscera report. The viscera report suggests the presence of Ethyl Alchohol and Methyl Alchohol. It is submitted by learned counsel for the petitioner that Ethyl Alchohol is the main intoxicating

Patna High Court Cr.Misc. No.18492 of 2014 (4) dt.16-01-2015 2/2 ingredient of all alcoholic beverages but increase of percentage of Ethyl Alchohol turns into Methyl Alchohol which is highly poisonous. Moreover other also consumed the same liquor but it only created havoc with the victim.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, 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 Sessions Judge, Nalanda at Bihar Sharif in connection with Ashthawan P.S. Case No. 84 of 2012, Sessions Trial No. 95 of 2014. (Dinesh Kumar Singh, J) Shageer/- U T