Subhash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50716 of 2016 Arising Out of PS.Case No. -126 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subhash Prasad S/o Hiralal Bhagat r/o village Bathana, P.S. Mehasi, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mehsi P.S.Case No. 126 of 2016 registered for the offences punishable under Sections 272, 273, 290/34 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act, 1916. It has been submitted on behalf of the petitioner that allegation against the petitioner is that he along with other accused persons was intercepted and on search 20 bottles of foreign liquor containing 375 ml. each has been recovered from the possession of the petitioner and he is in custody since 12.8.2016 and has clean antecedent. It has further been submitted that one co-accused, Kumar Rajeev Ranjan, has been granted bail by this Court in Cr.Misc.No.50077 of 2016 vide order dated 22.11.2016, one coaccused, Sundra Kumar, has been granted bail by this Court in Cr. Misc.No.49353 of 2016 vide order dated 13.12.2016 and co-

Patna High Court Cr.Misc. No.50716 of 2016 (3) dt.02-02-2017 2/2 accused, Ram Pravesh Yadav, having similar allegation has been granted bail by this Court in Cr.Misc.No. 41448 of 2016 vide order dated 4.10.2016.

Heard learned APP also.

Having heard both sides and considering the aforesaid fact, let the petitioner, Subhash Prasad, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, East Champaran at Motihari, in connection with Mehsi P.S.Case No. 126 of 2016, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioner will co-operate in the trial and make himself available before the court on each and every date fixed and in the event of failure on his part to appear before the court on two consecutive dates, except showing some genuine ground, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U