Patindar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47134 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== PATINDAR PRASAD, son of Late Bijuli Baitha, resident of Basdila Gunakar, P.S. Tareya Sujan, District Kushinagar, Uttar Pradesh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Kuchaikote P.S. Case No. 233/17, G.R. No. 3026/2017 for offences punishable under Sections 272, 273, 420 of the Indian Penal Code and Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that during course of vehicle checking they intercepted the motorcycle of the petitioner and apprehended him. From the motorcycle in two bags 32.400 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.47134 of 2017 (2) dt.22-09-2017 2/2 petitioner that he is innocent, bears no criminal history and is languishing in judicial custody since 18.08.2017. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned IInd Addl. Sessions Judge, Gopalganj, in connection with Kuchaikote P.S. Case No. 233/17, G.R. No. 3026/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T