Buchun Prasad @ Dharmdeo Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1127 of 2018 Arising Out of PS.Case No. -356 Year- 2017 Thana -BARHARIA District- SIWAN ====================================================== Buchun Prasad @ Dharmdeo Kushwaha S/o Baijnath Bhagat, R/o VillageKailtola Bazar, P.S.-Barharia, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barharia P.S. Case No. 356 of 2017 instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 4.5 litres of illicit liquor from a motorcycle which is said to have been abandoned by the petitioner and the petitioner had managed to flee away. The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor he has been apprehended from the spot. It is further submitted that the petitioner is in custody since

Patna High Court Cr.Misc. No.1127 of 2018 (2) dt.19-01-2018 2/2 21.11.2017.

Considering the nature of accusation and the period of custody already undergone, I deem it fit and proper to enlarge the petitioner above named on regular 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 Additional District and Sessions Judge-2nd, Siwan in connection with Barharia Case No. 356 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T