Prakash Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33676 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== Prakash Kumar Choudhary Son of Krishna Murari Choudhary @ Murari Choudhary, Resident of Village - Allal Pati, P.S.- Laherisarai, Distt - Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with G.O. Case No.260 of 2019 arising out of Kamtoul P.S. Case No.44 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Considering the plea taken by the petitioner that no recovery was made from his possession and same was seized from an open field on the State Highway and the statement made in paragraph-3 of the application that the petitioner has got no criminal antecedent as also the submission made by the learned counsel for the petitioner that the investigation has been completed and his custodial interrogation is not warranted as he

Patna High Court CR. MISC. No.33676 of 2019(2) dt.22-05-2019 2/2 is in custody since 17.03.2018, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional District Judge-cumSpecial Judge (Excise Act), Darbhanga in connection with Kamtoul P.S. Case No.44 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner 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.

(Ashwani Kumar Singh, J) Md. S/- U T