Sethi Prasad @ Dilip Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17813 of 2018 Arising Out of PS. Case No.-53 Year-2016 Thana- GAYA MUFFSIL District- Gaya ====================================================== Sethi Prasad @ Dilip Prasad, Son of late Ram Swarup Prasad, Resident of Mohalla- Chhotki Delha, P.S. Delha, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Sanjeev Kumar, learned counsel for the petitioner and learned A.P.P.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition and in custody since 19.2.2018 in connection with Mufassil P.S. Case No. 53 of 2016 registered for the offence under Section 272 and 273 of the Indian Penal Code, 1860 and Section 47(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner's name has come on the basis of confessional statement of the co-accused. He submits that save and except confessional statement, there is no plausible material to connect the petitioner in the present case. It has been argued that it was

Patna High Court Cr.Misc. No.17813 of 2018(3) dt.08-05-2018 2/2 alleged as if two persons on two bicycles were moving carrying liquor kept in two bladders and after noticing police party one of the cyclist fled away after throwing the cycle with bladder and one another person was arrested, who disclosed the name of petitioner.

Considering the nature of accusation, clean antecedent of the petitioner as well as period of custody, let the petitioner Sethi Prasad @ Dilip Prasad be enlarged on 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 Special Excise Court, Gaya / concerned court in connection with Muffasil P.S. Case No. 53 of 2016.

(Rakesh Kumar, J) praful/- U T