Dayashankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13109 of 2017 Arising Out of PS. Case No. -51 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== Dayashankar Prasad, son of Late Jagadish Prasad, resident of village Madhopur Bazar, P.S. Chandi, District Nalanda .... .... Petitioner

Versus

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

For the Petitioners : Mr. Samir Kumar Sinha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.02.2017 in connection with Chandi P.S. Case No. 51 of 2017 for the offences alleged under Section 290 of the Indian Penal Code and Section 37C of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and except the averment made in the first information report, there is no material to show that any recovery of incriminating articles has been made from the possession of the petitioner but he was in fact in intoxicated condition. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 22.02.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Chandi P.S. Case No. 51 of 2017. (Vikash Jain, J) B.T/psc U T