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Patna High CourtCR. MISC./24404/2019bail granted

Kamalesh Choudhary v. The State Of Bihar

2019-04-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24404 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- KONCH District- Gaya ====================================================== 1.

KAMALESH CHOUDHARY Son of Fakrichand Choudhary Resident of Village - Ibrahimpur, P.S.- Kinzer, Distt - Arwal. 2.

Chandan Kumar, Son of Ramjee Choudhary Resident of Mokarimchak, P.S.- Tekari, Distt - Gaya.

3.

Dharmendra Kumar, Son of Gaya Mallah Resident of Village - Mokarimchak, P.S.- Tekari, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Konch P.S. Case No. 42/2019, instituted for offence under Section(s) 30(d) of the Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that on getting secret informant police reached at the place of occurrence and saw Mahua flower is being carried in a black colour tempo, which was directed to be stopped then four persons tried to run away from the aforesaid tempo but two persons were apprehended, who disclosed their name as petitioner nos. 1 and 2. On the basis

Patna High Court CR. MISC. No.24404 of 2019(2) dt.16-04-2019 2/2 of confession of aforesaid petitioners, police arrested petitioner no. 3.

It is mentioned in para 3 of bail petition that petitioners have clean antecedent.

Petitioner nos. 1 & 2 are in custody since 09.02.2019. Petitioner no. 3 is in custody since 10.02.2019. Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya, in connection with Konch P.S. Case No. 42/2019, subject to the conditions that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T