Rajesh Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.53368 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53368 of 2017 Arising out of PS.Case No. -238 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Rajesh Prasad Son of Late Mosafir Prasad resident of Kasolewra Bangra, P.S.- Maharajganj, Distt.- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 238 of 2017 under sections 279, 272, 273, 308, 353, 307, 427/34 of the Indian Penal Code and Sections 30/37 of the Bihar Excise Prohibition Act.

The allegation against the petitioner is that while he was driving Bolero vehicle, he hit the police jeep which got over turned and some police personnel were also injured. Thereafter, the Bolero vehicle was searched and 1058 bottles of liquor was recovered.

The learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated

Patna High Court Cr.Misc. No.53368 of 2017 (2) dt.09-11-2017 in the present case.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail only after completion of six month's custody with effect from 06.07.2017.

Accordingly, it is directed that the petitioner be enlarged on regular bail immediately upon completion of six month's custody with effect from 06.07.2017 subject to such conditions as may be imposed by the learned court below. (Mohit Kumar Shah, J) S.Sb/- U T