Haridwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58899 of 2017 Arising Out of PS.Case No. -676 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Haridwar Prasad, Son of Late Rajdeo Singh @ Raju Singh, Resident of Village- Birra (Bela), P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the State : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 676 of 2017 instituted for the offences under Section 120(B) of the Indian Penal Code and Sections 30(a), 32(2), 41 and 56 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 558 litres of illicit liquor from the co-accused person.

The learned counsel for the petitioner submits that no recovery has been effected from the conscious possession of the petitioners and he is neither the driver nor the khalasi of the alleged vehicle. It is further submitted that the petitioner has a

Patna High Court Cr.Misc. No.58899 of 2017 (2) dt.22-12-2017 2/2 clean antecedent and he is in custody since 12.10.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released 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 Sessions Judge-II, Jehanabad in connection with Excise Case No. 1116 of 2017 arising out of Jehanabad P.S. Case No. 676 of 2017.

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