Bhushan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33435 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- SAHJAHANPUR District- Patna ====================================================== Bhushan Choudhary son of Sukhu Choudhary Resident of -Village Sarthua, P.S.- Shahjahanpur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Mira Kumari, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Special Case No.2813 of 2019 arising out of Shahjahanpur P.S. Case No.16 of 2019 dated 15.03.2019 registered under Sections 37(a) (b)(c) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-B)(a), 26 and 35 of the Arms Act. The allegation against the petitioner is that he was found drunk and from his possession three live cartridges of .303 bore were recovered. He is in custody since 16.03.2019. Learned counsel for the petitioner submitted that the petitioner has been apprehended by the police merely on

Patna High Court CR. MISC. No.33435 of 2019(2) dt.21-05-2019 2/3 suspicion. Nothing was recovered from his conscious possession. He was tested with breath test by breath analyzer instrument. The constable who operated the instrument was not at all qualified to hold alcohol screening test. It is also not known whether the instrument used by the police was properly calibrated or not. His blood sample was never taken to confirm whether he was drunk or not. He has further contended that the petitioner has got no criminal antecedent and he is in custody since 16.03.2019.

Per contra, learned counsel for the State opposed the application for grant of bail to the petitioner. Considering the submissions made above, the petitioner 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 Special Judge, Excise, Patna in connection with Special Case No.2813 of 2019 arising out of Shahjahanpur P.S. Case No.16 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

Patna High Court CR. MISC. No.33435 of 2019(2) dt.21-05-2019 3/3 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.

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