Ramesh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 83491 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== RAMESH PATHAK Son of Viswanath Pathak @ Biswanath Pathak Resident of Village- Sri Rampur, Ward No. -3, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Sanjana For the Opposite Party/s :

Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Manjhagarh Police Station (for brevity, PS) Case No 292 of 2019 dated 05.11.2019 instituted for the offence punishable under Section (s) 30 (a) of Bihar Excise and Prohibition Act, 2016.

17.28 liters of Indian made foreign liquor is said to have been recovered from the hutment outside the house of the petitioner. Petitioner, upon such allegation, is in custody since 06.11.2019. It is submitted that the petitioner has no criminal antecedent and that recovery is from a place having general public access for which the petitioner cannot be held responsible. Recovery is also said to be in violation of the

Patna High Court CR. MISC. No.83491 of 2019(2) dt.14-01-2020 2/2 provisions prescribed under Section 100 of Criminal Procedure Code.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise Act, Gopalganj in connection with Manjhagarh PS Case No 292 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T