Gauri Shankar Prasad @ Gauri Shankar Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32560 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Gauri Shankar Prasad @ Gauri Shankar Pd. S/o Sita Ram Sah, R/o Vill.- Gandhi Chwok, Madhuban, P.S.- Madhuban, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Karandeep Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Madhuban P.S. Case No.56 of 2018 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender. At the very outset, learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. It has also been argued that nothing was recovered either from the conscious possession or from the premises of the petitioner, rather in the case, from the back side of the house of the petitioner, recovery of 2.25 liters of Indian Make Foreign

Patna High Court Cr.Misc. No.32560 of 2018(2) dt.13-06-2018 2/2 Liquor was shown and the petitioner has been arrayed as accused in the present case.

Besides hearing learned counsel for the parties, I have also perused the material on record. Considering the nature of accusation, clean antecedent of the petitioner as well as the fact that nothing was recovered from the conscious possession of the petitioner, let the petitioner, namely, Gauri Shankar @ Gauri Shankar Pd., in the event of his arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, East Champaran at Motihari in connection with Madhuban P.S. Case No.56 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T