Ramchandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76972 of 2018 Arising Out of PS. Case No.-219 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Ramchandra Prasad, son of Late Baidhnath Bhagat, Resident of VillageFulwariya, Ward No. 2, P.S. Chakia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 219 of 2018 for the offence under Sections 272, 273, 290 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Referring to the prosecution case, he submits that in the instant case 6.375 litres of foreign liquor was recovered from the shop and the son of the petitioner was apprehended. He submits that the allegation against the petitioner is that the petitioner succeeded in fleeing away from the shop. Referring to the statement made in para 8 of the application he submits that in fact the liquor was recovered from the road side and not from the shop of the

Patna High Court Cr.Misc. No.76972 of 2018(2) dt.21-12-2018 2/2 petitioner.

Considering the fact that the petitioner has got no criminal antecedent and also the quantity of liquor i.e. 6.375 litres of foreign liquor, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Chakia P.S. Case No. 219 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T