Gauri Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53549 of 2018 Arising Out of PS. Case No.-273 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== Gauri Shankar Prasad S/o Chando Prasad @ Chando Yadav , R/o Vill.- Sohda Ramdiha, P.S.- Rajauli, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh Shastriji, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Rajeev Nayan, learned counsel for the petitioner and Sri Rajendra Singh Shastriji, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Rajauli P.S. Case No. 273 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. Learned counsel for the petitioner, at the very outset, has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. He has also drawn my attention to the statement made in paragraph-7 of the petition to show that the petitioner, in the present case, has falsely been implicated by the police. Learned counsel for the petitioner submits that while the

Patna High Court Cr.Misc. No.53549 of 2018(4) dt.08-10-2018 2/2 petitioner was moving on a motorcycle, it was stopped by the police and asked him to produce paper, since he did not produce any paper, his motorcycle was seized and subsequently, the petitioner has been made accused for the offence under the provision of Bihar Prohibition and Excise Act. Considering the facts and circumstances, particularly the fact that the petitioner is having clean antecedent as well as nature of accusation, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Gauri Shankar Prasad be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 273 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J.) nawalkrs/- U T