IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.102 of 2011 SHUB NARAYAN PRASAD Versus THE STATE OF BIHAR ----------- 3 22.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 81 of 2008 registered under section-414 of the Indian Penal Code and sectioins-25(i-B)A, 26 of the Arms as also section 47(A) of the Excise Act. Allegedly, 16 drums containing 2000/- litres of sprit each, one country-made rifle were recovered from the Baithaka (Bhusaul) of the petitioner. Contention of learned counsel for the petitioner is that the aforesaid Baithaka (Bhusaul) is far away from the house of the petitioner and the aforesaid Bhusaul is an open room. Further contention of learned counsel for the petitioner is that on the alleged date of recovery, the petitioner was not present at his village and that is the reason, the copy of seizure list had not been supplied to him. He further submits that the petitioner has already remained in jail custody for more than 5 months. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Shub Narayan Prasad is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the - 2 - like amount each in connection with Harsidhi P.S. Case No. 81 of 2008 to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari. AKV/ (Hemant Kumar Srivastava,J.)