Vidya Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61693 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- BARAULI MADHOPUR DistrictGopalganj ====================================================== Vidya Prasad Bhagat , son of Rameshwar Bhagat, resident of Jagarnathpur, P.S.- Jamo, District- Siwan, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Kumar Kaushlendra For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Kumar Kaushlendra , learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Barauli Madhopur P.S. Case No. 179 of 2018, G.R. Case No. 3363 of 2018 , registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset learned counsel for the petitioner has drawn my attention to the statement made in para - 3 of the petition to show that petitioner is having clean antecedent. He further submits that petitioner is running a Tea Shop and he has been arrayed as accused on an accusation as if in the Tea Shop

Patna High Court Cr.Misc. No.61693 of 2018(2) dt.06-10-2018 2/2 of the petitioner there was one bottle of Indian make foreign liquor weighing 750 ml. It has been argued that since it is a Tea Shop there is possibility that customer might had kept the same in the shop which was not within the knowledge of the petitioner.

Be that as it may, considering the nature of accusation and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Vidya Prasad Bhagat be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.D.J. 2nd -cum-Special Judge ( Excise), Gopalganj/ concerned court in connection with Barauli Madhopur P.S. Case No. 179 of 2018, G.R. Case No. 3363 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T