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Patna High CourtCR. MISC./78639/2019bail rejected

Narad Prasad @ Ranjay Prasad v. The State Of Bihar

2019-12-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78639 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- MOHAMMADPUR District- Gopalganj ====================================================== NARAD PRASAD @ RANJAY PRASAD S/o Raghaw Prasad @ Dasai Prasad R/o village- Budhsi, P.S.- Mohammadpur, Distt.- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of dashing the bicycle of the Informant by his Truck in an inebriated condition. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 17.08.2019.

Considering the fact that there is allegation of driving vehicle after consumption of Alcohol resulting in motor accident in which one person died and other injured, I am not inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.78639 of 2019(3) dt.12-12-2019 2/2 Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that petitioner named above after completing six months of jail custody, be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Mohammadpur P.S. Case No. 149 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U