Bhanu Prasad @ Sushil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10662 of 2018 ====================================================== Bhanu Prasad @ Sushil Prasad S/o Ramashish Prasad, R/o Vill.- Kobi Chauk, P.S.- Singhwara, Distt.- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with G.O Case No.147 of 2017 arising out of Singhwara P.S. Case No.155 of 2017 registered for the offence punishable under Sections 30a/37/ of Bihar Excise Act, 2016. The allegation is regarding recovery of half bottle of 0.375 litres of illicit liquor from a place where three persons are stated to have been consuming the said liquor. The learned counsel for the petitioner submits that no recovery has been effected from possession of the petitioner and the petitioner has been falsely implicated at the behest of t he co-accused persons. It is further submitted that the petitioner is having clean antecedent.

Patna High Court Cr.Misc. No.10662 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the even of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions cum Special Judge, Darbhanga in connection with G.O Case No.147 of 2017 arising out of Singhwara P.S. Case No.155 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T