Parmanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63308 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Parmanand Prasad, Son of Sudarshan Prasad Resident of Village- Sirsaw, P.S.- Daraundha, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daraunda P.S. Case No. 159 of 2019, registered under Sections 30(a) and 38 of the Bihar Excise Act, 2016. The accusation is of recovery of 8 plastic bags each containing 240 bottles of 180 ml Indian made foreign liquor from the pond. On seeing the police party, 3 three persons, who were present there, succeeded to flee away but the local Choukidar identified them as Awadhesh Prasad, Pramanand Prasad and Raju Mahto (petitioner) Learned counsel for the petitioner submits that it would appear from the F.I.R. that the seized bottles of liquor are

Patna High Court CR. MISC. No.63308 of 2019(3) dt.21-10-2019 2/2 said to be recovered from the pond not from the house of the petitioner. In fact, petitioner and two others are said to be identified by the local Choukidar in fleeing condition. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-II-cumSpecial Judge, Excise Act, Siwan, in connection with Daraunda P.S. Case No. 159 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T