Chandan Kumar Prasad @ Chandan Kr. Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59571 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== Chandan Kumar Prasad @ Chandan Kr. Prasad, Son of Lalan Prasad @ Lalan Sah Resident of Village-Gopalpur, P.S.-Hussainganj, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 215 of 2019, registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Excise Act, 2016. The accusation is of recovery of five cartoons each containing 48 bottles of 180 ml Indian made foreign liquor and two motorcycles in front of grocery shop of Shailendra Shah and four persons were present there but on seeing the police party, they succeeded to flee away.

Learned counsel for the petitioner submits that the alleged seized liquor and motorcycles were recovered in front of

Patna High Court CR. MISC. No.59571 of 2019(2) dt.20-09-2019 2/2 grocery shop of Shailendra Shas and petitioner is not the owner of the seized motorcycles, in fact, petitioner is accused in two other similar nature of case, as detailed in paragraph 3 of the petition, due to that reason, he has been implicated in the present case.

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 Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan, in connection with Hussainganj P.S. Case No. 215 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