Satish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62399 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== SATISH PRASAD Son of Jagarnath Prasad @ Jagannath Prasad Resident of Village - Atarsua Koiri Tola, P.S.- Pachrukhi (Sarai O.P.), Distt.- 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.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pachrukhi (Sarai O.P.) P.S. Case No.175 of 2019 registered under Sections 272, 273 and 308/34 of the Indian Penal Code besides Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accusation is that on receiving secret information about selling the liquor by Surendra Prasad and Satish Prasad (petitioner) by keeping the same in the house of Surendra Prasad, situated behind Mahavir Temple at Atarsura Koiri Tola, the informant along with other police personnel reached there and found two persons standing there. On seeing the police party, both persons succeeded to flee away, taking the advantage of narrow lane of the village. On search of the house of Surendra Prasad, 55 cartoons,

Patna High Court CR. MISC. No.62399 of 2019(2) dt.16-10-2019 2/2 each containing 48 bottles of 180 ml. Indian Made Foreign Liquor, were recovered.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of the petitioner has come in this case on mere suspicion. The petitioner was not apprehended on the spot nor any incriminating material has been recovered from his house. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise Act, Siwan, in connection with Pachrukhi (Sarai O.P.) P.S. Case No.175 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T