Chandeshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43333 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -TARAIYA District- SARAN =====================================
1. Chandeshwar Prasad, Son of Late Ambika Prasad, Resident of Village-Phenahara Gaddi, Police Station-Taraiya, District-Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Anant Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Taraiya P.S. Case No. 192 of 2015, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act. On seizure of 20 liters of illicit country made liquor, the petitioner has been made accused with an allegation that he fled away on seeing the police from the place from where the said country made liquor was recovered.
Patna High Court Cr.Misc. No.43333 of 2016 (2) dt.26-10-2016 2/2 Learned counsel for the petitioner has submitted that the said seizure had been effected before imposition of prohibition in the State of Bihar. He has further submitted that the petitioner has no criminal antecedent. He contends that the First Information Report does not mention specifically the place from where the recovery was made. Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned Additional Chief Judicial Magistrate-IX, Saran at Chapra, in connection with Taraiya P.S. Case No. 192 of 2015, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/-c U T