Shivnath @ Shibu @ Shivoo @ Shivnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85430 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== SHIVNATH @ SHIBU @ SHIVOO @ SHIVNATH KUMAR Son of Ram Vinay Rai @ Ram Vinay Ray Resident of Ward No. 07, P.S.- Warisnagar, Distt - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under section 30(a) of Bihar Prohibition Excise Act, 2016.

As per prosecution case, recovery of 94.05 liter foreign liquor from a bamboo clump near road side.

Petitioner has been implicated in this case by other accused who have been apprehended near place of recovery. Petitioner's implication has not led to recovery of any incriminating material from the petitioner. Petitioner is in custody since 02.12.2019.

It is also submitted that petitioner is already on bail in Warisnagar P.S. Case no. 139/2018. Other co-accused who were

Patna High Court CR. MISC. No.85430 of 2019(2) dt.07-01-2020 2/2 apprehended have been allowed bail in Cr. Misc. no. 66648/2019. Another co-accused who had been implicated in similar manner as the petitioner upon disclosure by apprehended persons has been allowed anticipatory bail in Cr. Misc. no. 68120/2019.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise, Samastipur in Warisnagar (Mathurapur O.P) P.S. Case no. 244/2019 subject to the following conditions.

(1) 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.

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

s.hassan/- (Madhuresh Prasad, J) U T