← Library
Patna High CourtCR. MISC./9746/2018allowed

Sanjay Prasad And ANR v. The State Of Bihar

2018-02-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9746 of 2018 Arising Out of PS.Case No. -350 Year- 2017 Thana -TARAIYA District- SARAN ======================================================

1. Sanjay Prasad,

2. Bihari Prasad, Both are sons of Late Gauri Shanker Prasad, Resident of Village- Nun Nagar, P.S.- Jalalpur, Dist- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Taraiya P.S. Case No. 350 of 2017 registered under Section 188 of the Indian Penal Code and section 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that on perusal of seizure list, it appears that the alleged recovery has been made from the field of sugarcane of co-accused. Nothing has been recovered from the possession of the petitioner.

Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.9746 of 2018 (2) dt.20-02-2018 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 6th A.D.J./Special Judge, Excise, Saran at Chapra in connection with Taraiya P.S. Case No. 350 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T