Shiv Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31515 of 2019 Arising Out of PS. Case No.-184 Year-2018 Thana- SATHI District- West Champaran ====================================================== SHIV PRASAD, aged about 62 years (Male), S/o Sri Shankar Prasad, resident of village- Sathi, P.S.- Sathi, District- West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Sathi P.S. Case No. 184 of 2018, registered for the offence under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

About 5 liters of country made liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.

Looking to quantity of recovered liquor, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.31515 of 2019(2) dt.13-05-2019 2/2 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 Special Judge, Excise, West Champaran at Bettiah, in connection with Sathi P.S. Case no. 184 of 2018, 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. 10.05.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T