Md. Lucky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48216 of 2019 Arising Out of PS. Case No.-456 Year-2018 Thana- PIRBAHOR District- Patna ====================================================== MD. LUCKY, Son of Md. Bholu, Resident of Village - Darji Tola, Sabjibagh, P.S.- Pirbahore, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Spl. Case No.7495 of 2018 arising out of Pirbabore P.S. Case No.456 of 2018 instituted for the offence under Section 414 Indian Penal Code and Section(s) 37(b) (c) of Bihar Prohibition and Excise Act. It is alleged that petitioner was apprehended and smell of liquor was coming from his mouth.

Counsel for the petitioner submits that Petitioner is in custody since 16.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.48216 of 2019(2) dt.08-08-2019 2/2 each to the satisfaction of the Special Judge, Excise, Patna, in connection with Spl. Case No.7495 of 2018 arising out of Pirbabore P.S. Case No.456 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. It appears from para 3 that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T