Tripurari Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.6293 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6293 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tripurari Prasad son of Yogendra Prasad, R/o village- Gurigawan, P.S.- Sugauli, District- East Champaran................. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Sugauli P.S. Case No. 189 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 47(A), 47 (C), 47 (E), 54 of the Bihar Excise Amendment Act, 2016. Allegedly, the petitioner and other co-accused were apprehended and they were found indulged in preparing illicit country made liquor and from the place of occurrence 24 liter country made liquor in a jerkin of 35 liter and 2 liter liquor in two bottles were recovered and further there was one Hero Honda Motorcycle and for that the petitioner is in custody since 05.09.2016.

In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.6293 of 2017 (2) dt.16-03-2017 above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Motihari, East Champaran in connection with Sugauli P.S. Case No. 189 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T