Birendra Prasad Gupta @ Birendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44383 of 2017 Arising Out of PS.Case No. -563 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Birendra Prasad Gupta @ Birendra Prasad, son of Lakhan Sao, R/o VillageNew Area, Jakhi Bigha, Ward No.24, P.S.- Dehri, District- Rohtas. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Dehri (T) P.S.Case No. 563 of 2017 registered for the offences punishable under Section 273 of the Indian Penal Code and 30(a), 38, 41 of Bihar Excise Act.
Allegation is of recovery of 64.125 litres of foreign liquor.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession and he is in custody since 3.8.2017 having no criminal antecedent except one case relates to old Excise Act.
Heard learned APP also.
Patna High Court Cr.Misc. No.44383 of 2017 (2) dt.15-09-2017 2/2 Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Dehri (T) P.S.Case No. 563 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U