Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18757 of 2017 Arising Out of PS.Case No. -578 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Prashant Kumar, son of Manoj Kumar, Resident of Village- Sorampur, P.S.- Dulhin Bazar, District- Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Kankarbagh P.S.Case No. 578 of 2016 registered for the offences punishable under Sections 47, 54, and 57 of Bihar Excise Amendment Act, 2016.

Petitioner is named in the FIR and allegation is of recovery of huge quantity of English liquor.

It has been submitted on behalf of the petitioner that name of the petitioner was disclosed by co-accused, who has been arrested at the spot and nothing has been recovered from his possession.

Heard learned APP also.

Having heard both sides and considering the facts and

Patna High Court Cr.Misc. No.18757 of 2017 (2) dt.04-05-2017 2/2 circumstances, as stated above, let the petitioner, named above, surrender in the court below and on his so surrendering the court below will release the petitioner on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Smt. Smita Raj, Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S.Case No. 578 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U