Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60753 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -NAUTAN District- SIWAN ====================================================== Birendra Prasad, S/o Late Krishnadeo Prasad, R/o Vill- Bindwal Rasulpur, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the State : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nautan P.S. Case No. 167 of 2017 instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and section 30(A), 38(A) and 41(i) of the Bihar Excise and Prohibition Act, 2016.

The allegation is regarding recovery of 27 litres of illicit country made liquor from the motorcycle being driven by the petitioner.

The learned counsel for the petitioner submits that the liquor has been planted on his motorcycle and he is innocent. It is submitted that the petitioner has a clean antecedent and is

Patna High Court Cr.Misc. No.60753 of 2017 (2) dt.21-12-2017 2/2 languishing in custody since 14.10.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II, Siwan in connection with Nautan P.S. Case No. 167 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T