Vishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84538 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- KATIHAR GRP CASE District- Katihar ====================================================== Vishwanath Prasad, S/o Parameshwar Prasad @ Prameshwar Prasad R/o Barmasiya, Ward No.12, P.S.- Sahayak, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Katihar Rail P.S. Case No.88 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of this petitioner.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein 13.5 liters of illicit liquor is said to have been recovered from the possession of this petitioner, he is in custody since 13.11.2019, but has no criminal antecedent and is aged about only

Patna High Court CR. MISC. No.84538 of 2019(2) dt.19-12-2019 2/2 22 years, let the petitioner above named be released on bail on completion of the investigation on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge, Excise, Katihar in connection with Katihar Rail P.S. Case No.88 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

and subject to the further condition that one of the bailors would be family member of the petitioner having no criminal antecedent.

arvind/- (Rajeev Ranjan Prasad, J) U T