Ashok Gupta @ Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31808 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== ASHOK GUPTA @ ASHOK PRASAD Son of Late Srinath Sah, Resident of Village- Risaura, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Maharajganj P.S. Case No. 101 of 2019 registered for offence punishable under section 272, 273, 308 of the Indian Penal Code and 41 (1) of the Bihar Excise Prohibition Act, 2016.

It has been alleged that the police has recovered the illegal liquor from the bag which the petitioner was carrying. As per the petitioner, 7.5 litres liquor was recovered from the said bag, but as per the State, total 15 litres liquor has been recovered.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the

Patna High Court CR. MISC. No.31808 of 2019(2) dt.15-05-2019 2/2 petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Siwan in connection with Maharajganj P.S. Case No. 101 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

(Shivaji Pandey, J) Mahesh/- U T