Hanuman Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77520 of 2019 Arising Out of PS. Case No.-757 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== HANUMAN BIND Son of Bhagwan Bind Resident of Village- Athakhambha, P.S.- Sasaram Nagar, District- Rohtas at Sasaram ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Sasaram Nagar P.S. Case No. 757 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2018.

Learned counsel for the petitioner submits that as per the allegation the alleged illicit liquor has been recovered behind the Kali Mandir and not from the house of this petitioner. It is further submitted that the petitioner is in custody since 19.09.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the alleged recovery of illicit liquor is from the adjacent place to the

Patna High Court CR. MISC. No.77520 of 2019(3) dt.16-01-2020 2/2 Kali Mandir and not from the house of this petitioner as also that the petitioner has no criminal antecedent and has remained in custody since 19.09.2019, let the petitioner above named be released on bail in connection with Sasaram Nagar P.S. Case No. 757 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T