Bihari Prasad @ Bihari Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59106 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- AMAS District- Gaya ====================================================== Bihari Prasad @ Bihari Sao, s/o late Laxmi Saw, resident of village, Khiriyawan, P.S. Madanpur, District, Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 269, 270, 272, 273/34 of the I.P.C. and Section 30 (d) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 385 litres sprit was recovered from a Bolero car. It is further contended that the petitioner is the owner of the aforesaid car and the driver of the car, who fled away after seeing the police party, has taken the car from the petitioner on the alleged date of occurrence for

Patna High Court Cr.Misc. No.59106 of 2018(2) dt.06-10-2018 2/3 taking his wife to hospital and the petitioner is nothing to do with the seized sprit. Petitioner claims that he is in custody since 16.08.2018.

Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released 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 Special Excise Judge, Gaya in connection with Amas P.S. Case No. 161/2018.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail.

Patna High Court Cr.Misc. No.59106 of 2018(2) dt.06-10-2018 3/3 After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T